'Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Overhaul' diff viewer (0/1)

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~~Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Assault~~	Neomi Rao, the Scholar Who Will Help Lead Trump’s Regulatory Overhaul
2017-07-10 10:15:07 UTC	2017-07-10 12:15:06 UTC (about 2 hours later)
WASHINGTON — When George Mason University changed the name of its law school last year to honor Antonin Scalia, the late conservative Supreme Court justice, the tribute rankled many liberal faculty members and students. That the naming was tied to a multimillion-dollar donation from the conservative Charles Koch Foundation only heightened concerns.	WASHINGTON — When George Mason University changed the name of its law school last year to honor Antonin Scalia, the late conservative Supreme Court justice, the tribute rankled many liberal faculty members and students. That the naming was tied to a multimillion-dollar donation from the conservative Charles Koch Foundation only heightened concerns.
One outspoken advocate for the name change was Neomi Rao, an associate law professor who had come to know Mr. Scalia while serving as a clerk for Clarence Thomas, another conservative member of the court. Ms. Rao, a Republican, publicly celebrated the legacy of Mr. Scalia and praised the Koch donation as “game changing” for the law school.	One outspoken advocate for the name change was Neomi Rao, an associate law professor who had come to know Mr. Scalia while serving as a clerk for Clarence Thomas, another conservative member of the court. Ms. Rao, a Republican, publicly celebrated the legacy of Mr. Scalia and praised the Koch donation as “game changing” for the law school.
But quietly, Ms. Rao also worked to win over liberal critics.	But quietly, Ms. Rao also worked to win over liberal critics.
In a public relations coup, she helped secure an endorsement for the name change from Ruth Bader Ginsburg, one of the Supreme Court’s most liberal justices and a longtime friend of Mr. Scalia. Justice Ginsburg described the school’s renaming as “altogether fitting.”	In a public relations coup, she helped secure an endorsement for the name change from Ruth Bader Ginsburg, one of the Supreme Court’s most liberal justices and a longtime friend of Mr. Scalia. Justice Ginsburg described the school’s renaming as “altogether fitting.”
Ms. Rao’s ability to work both sides of the ideological divide, emblematic of her career in academia and government, is about to be tested anew. On Monday, the Senate is expected to approve Ms. Rao’s nomination to lead an obscure but powerful White House agency called the Office of Information and Regulatory Affairs — placing her at the heart of President Trump’s politically contentious agenda to overhaul government rules and regulations.	Ms. Rao’s ability to work both sides of the ideological divide, emblematic of her career in academia and government, is about to be tested anew. On Monday, the Senate is expected to approve Ms. Rao’s nomination to lead an obscure but powerful White House agency called the Office of Information and Regulatory Affairs — placing her at the heart of President Trump’s politically contentious agenda to overhaul government rules and regulations.
The office, created during the Carter administration, approves government data collections and determines whether agencies have sufficiently addressed problems during rule-making. In the end, the administrator accepts regulations or sends them back to be reworked, a decision that can expedite rules or effectively neutralize them by imposing extensive delays.	The office, created during the Carter administration, approves government data collections and determines whether agencies have sufficiently addressed problems during rule-making. In the end, the administrator accepts regulations or sends them back to be reworked, a decision that can expedite rules or effectively neutralize them by imposing extensive delays.
Ms. Rao, 44, who has served in all three branches of the federal government, brings to the position knowledge of Washington, a lengthy Republican contacts list and scholarly credentials from the ideologically charged field of regulatory study.	Ms. Rao, 44, who has served in all three branches of the federal government, brings to the position knowledge of Washington, a lengthy Republican contacts list and scholarly credentials from the ideologically charged field of regulatory study.
She is the founder of the Center for the Study of the Administrative State at George Mason, which is affiliated with the law school and has been a beneficiary of the donation from the Charles Koch Foundation. Ms. Rao started the center two years ago at a time of growing scholarly intrigue about the regulatory process and the authority of federal agencies to set and enforce rules, a section of the law that rose to prominence during the New Deal era.	She is the founder of the Center for the Study of the Administrative State at George Mason, which is affiliated with the law school and has been a beneficiary of the donation from the Charles Koch Foundation. Ms. Rao started the center two years ago at a time of growing scholarly intrigue about the regulatory process and the authority of federal agencies to set and enforce rules, a section of the law that rose to prominence during the New Deal era.
Regulatory decisions under President Barack Obama, who was among the most prolific authors of major regulations in presidential history, heightened the interest among conservative academics, who questioned whether agencies had overstepped their constitutional bounds.	Regulatory decisions under President Barack Obama, who was among the most prolific authors of major regulations in presidential history, heightened the interest among conservative academics, who questioned whether agencies had overstepped their constitutional bounds.
Ms. Rao was an easy pick for Republicans for the White House role, but she also won the backing of a bipartisan group of eight former administrators of the Office of Information and Regulatory Affairs.	Ms. Rao was an easy pick for Republicans for the White House role, but she also won the backing of a bipartisan group of eight former administrators of the Office of Information and Regulatory Affairs.
“I have a lot of concerns about what this administration is going to do in regulatory areas,” said one of them, John Spotila, who led the office during the Clinton administration. But, he said, “I don’t start with the conviction that Neomi is bad, and anybody Trump picks is going to be horrible and we are doomed.”	“I have a lot of concerns about what this administration is going to do in regulatory areas,” said one of them, John Spotila, who led the office during the Clinton administration. But, he said, “I don’t start with the conviction that Neomi is bad, and anybody Trump picks is going to be horrible and we are doomed.”
He added, “Maybe Neomi will surprise us.”	He added, “Maybe Neomi will surprise us.”
Even before Ms. Rao begins, the regulatory rollback is well underway. Mr. Trump has issued a series of executive orders mandating a reduction of regulatory burdens on everyone from bankers and energy companies to small businesses and farmers. Federal agencies have been busy too: The Environmental Protection Agency is already taking steps to undo more than 30 environmental rules.	Even before Ms. Rao begins, the regulatory rollback is well underway. Mr. Trump has issued a series of executive orders mandating a reduction of regulatory burdens on everyone from bankers and energy companies to small businesses and farmers. Federal agencies have been busy too: The Environmental Protection Agency is already taking steps to undo more than 30 environmental rules.
A sizable part of Ms. Rao’s new job might involve helping the Trump administration stay within the law as it pursues the changes. “Trump has made some big claims about what he will do, and I think he needs a good lawyer,” said Susan Dudley, who headed the regulatory office under President George W. Bush and now directs the George Washington University Regulatory Studies Center.	A sizable part of Ms. Rao’s new job might involve helping the Trump administration stay within the law as it pursues the changes. “Trump has made some big claims about what he will do, and I think he needs a good lawyer,” said Susan Dudley, who headed the regulatory office under President George W. Bush and now directs the George Washington University Regulatory Studies Center.
Previous administrators have also pushed back against the White House they worked for. Cass Sunstein, who led the office during Mr. Obama’s first term, opposed various rules, including one by the Environmental Protection Agency to tighten standards for ozone pollution.	Previous administrators have also pushed back against the White House they worked for. Cass Sunstein, who led the office during Mr. Obama’s first term, opposed various rules, including one by the Environmental Protection Agency to tighten standards for ozone pollution.
Some progressive advocates are skeptical Ms. Rao will intervene to curb deregulation.	Some progressive advocates are skeptical Ms. Rao will intervene to curb deregulation.
“I don’t think her background should lead anybody to expect her to stand up to Donald Trump, Steve Bannon and the ‘deconstruction of the administrative state,’” said Amit Narang, a regulatory policy advocate with the liberal-leaning organization Public Citizen. “Her background makes me think she’s going to fast-track all of that.”	“I don’t think her background should lead anybody to expect her to stand up to Donald Trump, Steve Bannon and the ‘deconstruction of the administrative state,’” said Amit Narang, a regulatory policy advocate with the liberal-leaning organization Public Citizen. “Her background makes me think she’s going to fast-track all of that.”
The White House and Ms. Rao declined to comment for this article, as her nomination was still pending.	The White House and Ms. Rao declined to comment for this article, as her nomination was still pending.
Neomi Rao’s rise to the most influential regulatory post in the Trump administration followed a path that took her to the Supreme Court, Capitol Hill and the White House.	Neomi Rao’s rise to the most influential regulatory post in the Trump administration followed a path that took her to the Supreme Court, Capitol Hill and the White House.
The daughter of immigrant doctors from India who settled in suburban Detroit, she graduated from Yale and earned a law degree at the University of Chicago before entering the upper echelons of Republican Washington.	The daughter of immigrant doctors from India who settled in suburban Detroit, she graduated from Yale and earned a law degree at the University of Chicago before entering the upper echelons of Republican Washington.
In addition to clerking for Justice Thomas, she was counsel to the Senate Judiciary Committee under Senator Orrin G. Hatch of Utah and associate counsel and special assistant to President George W. Bush during his second term.	In addition to clerking for Justice Thomas, she was counsel to the Senate Judiciary Committee under Senator Orrin G. Hatch of Utah and associate counsel and special assistant to President George W. Bush during his second term.
Ms. Rao’s year with the Supreme Court gave her proximity to some of the leading conservative legal minds, including Justice Scalia, who took her and other clerks to A. V. Ristorante Italiano in Washington, where she found common ground with him on legal interpretation — and also on anchovies as a pizza topping.	Ms. Rao’s year with the Supreme Court gave her proximity to some of the leading conservative legal minds, including Justice Scalia, who took her and other clerks to A. V. Ristorante Italiano in Washington, where she found common ground with him on legal interpretation — and also on anchovies as a pizza topping.
“In the back room of that storied pizzeria with Justices Scalia and Thomas and my co-clerks, we shared many hours of good conversation about life and the law,” Ms. Rao wrote in a tribute after Mr. Scalia’s death last year.	“In the back room of that storied pizzeria with Justices Scalia and Thomas and my co-clerks, we shared many hours of good conversation about life and the law,” Ms. Rao wrote in a tribute after Mr. Scalia’s death last year.
Over the past decade, Ms. Rao established herself as a legal scholar on the law school faculty at George Mason in Fairfax, Va., just outside Washington. She has written papers on a number of topics, including Congress’s delegation of authority to federal agencies, her view that so-called independent agencies — like the Consumer Financial Protection Bureau — should answer to the president, and that dignity under the law is best derived from freedom and individualism, not government intervention.	Over the past decade, Ms. Rao established herself as a legal scholar on the law school faculty at George Mason in Fairfax, Va., just outside Washington. She has written papers on a number of topics, including Congress’s delegation of authority to federal agencies, her view that so-called independent agencies — like the Consumer Financial Protection Bureau — should answer to the president, and that dignity under the law is best derived from freedom and individualism, not government intervention.
She has also taught courses on constitutional law, as well as legislation and statutory interpretation, while recently pairing with Justice Thomas to teach a class that was listed in the school’s course schedule as History and Foundation of the Administrative State.	She has also taught courses on constitutional law, as well as legislation and statutory interpretation, while recently pairing with Justice Thomas to teach a class that was listed in the school’s course schedule as History and Foundation of the Administrative State.
At the law school, Ms. Rao has a reputation for her earnestness, said David Rehr, senior associate dean. Her approach was not typical to Washington, where there is “a lot of ideological fencing going on,” Mr. Rehr said. “With Neomi, it’s a real, ‘Let’s hear each other out and figure out where we can work together.’ And it’s authentic.”	At the law school, Ms. Rao has a reputation for her earnestness, said David Rehr, senior associate dean. Her approach was not typical to Washington, where there is “a lot of ideological fencing going on,” Mr. Rehr said. “With Neomi, it’s a real, ‘Let’s hear each other out and figure out where we can work together.’ And it’s authentic.”
As her academic profile grew, Ms. Rao became increasingly sought-after for her views on constitutional law. In 2009, she was called as a witness for Senate Republicans at the confirmation hearings of Justice Sonia Sotomayor to the Supreme Court. During her testimony, Ms. Rao discussed her own deference for a strict interpretation of the law while asserting Ms. Sotomayor’s approach from the bench lacked objectivity.	As her academic profile grew, Ms. Rao became increasingly sought-after for her views on constitutional law. In 2009, she was called as a witness for Senate Republicans at the confirmation hearings of Justice Sonia Sotomayor to the Supreme Court. During her testimony, Ms. Rao discussed her own deference for a strict interpretation of the law while asserting Ms. Sotomayor’s approach from the bench lacked objectivity.
“In our constitutional democracy,” she said, “the rule of law should prevail over the rule of what the judge thinks is best.”	“In our constitutional democracy,” she said, “the rule of law should prevail over the rule of what the judge thinks is best.”
In recent years, Ms. Rao’s leadership of the Center for the Study of the Administrative State gave her a particularly strong voice in the growing conservative movement looking to curb the regulatory powers of federal agencies.	In recent years, Ms. Rao’s leadership of the Center for the Study of the Administrative State gave her a particularly strong voice in the growing conservative movement looking to curb the regulatory powers of federal agencies.
The center opened in 2015 as pockets of George Mason’s campus were becoming increasingly conservative, in large part because of donations from Charles G. Koch, the billionaire businessman who contributes to many Republican causes, and his influence as a board member on various programs at the university.	The center opened in 2015 as pockets of George Mason’s campus were becoming increasingly conservative, in large part because of donations from Charles G. Koch, the billionaire businessman who contributes to many Republican causes, and his influence as a board member on various programs at the university.
Foundations affiliated with Mr. Koch have donated at least $50 million to George Mason, a public university, over the past decade, helping to fund his favored projects and underwrite scholarships at a time when the university’s growth has outpaced state funding increases.	Foundations affiliated with Mr. Koch have donated at least $50 million to George Mason, a public university, over the past decade, helping to fund his favored projects and underwrite scholarships at a time when the university’s growth has outpaced state funding increases.
Ms. Rao’s center benefited from those contributions.	Ms. Rao’s center benefited from those contributions.
Last year, in connection with renaming the law school, George Mason received a $20 million gift from an anonymous donor plus $10 million from Mr. Koch’s foundation. According to university documents, the agreement called for bolstering Ms. Rao’s center. Henry Butler, the dean of the law school, wrote that the gift would be used to aid various programs, including to “increase support for faculty research” through Ms. Rao’s center.	Last year, in connection with renaming the law school, George Mason received a $20 million gift from an anonymous donor plus $10 million from Mr. Koch’s foundation. According to university documents, the agreement called for bolstering Ms. Rao’s center. Henry Butler, the dean of the law school, wrote that the gift would be used to aid various programs, including to “increase support for faculty research” through Ms. Rao’s center.
Mr. Rehr said that Ms. Rao’s center was “going to happen anyway” as there was already considerable intellectual interest in the administrative state and the regulatory process. But the donation “made it easier.”	Mr. Rehr said that Ms. Rao’s center was “going to happen anyway” as there was already considerable intellectual interest in the administrative state and the regulatory process. But the donation “made it easier.”
“It accelerated the viability and visibility of the center,” Mr. Rehr said, adding that Mr. Koch has not exerted any influence over the center.	“It accelerated the viability and visibility of the center,” Mr. Rehr said, adding that Mr. Koch has not exerted any influence over the center.
The donation alarmed George Mason’s faculty senate, which in a statement said the naming of the law school for Justice Scalia would reinforce the branding of the university as a “conservative institution” while also celebrating a polarizing figure. Further, the faculty raised concerns that the school officials had “failed to disclose the terms of the gifts” that required the university to allocate funding for additional staff, and support for the Ms. Rao’s center, among other things.	The donation alarmed George Mason’s faculty senate, which in a statement said the naming of the law school for Justice Scalia would reinforce the branding of the university as a “conservative institution” while also celebrating a polarizing figure. Further, the faculty raised concerns that the school officials had “failed to disclose the terms of the gifts” that required the university to allocate funding for additional staff, and support for the Ms. Rao’s center, among other things.
During the uproar, Ms. Rao helped gather support for the name change — including by obtaining the statement from Justice Ginsburg, which was detailed in emails among public documents posted online by BuzzFeed. She also spoke out publicly, telling The Washington Post that the donation would help bring in new students who could not afford a legal education, and it would “help build out our faculty and improve the quality and reach of the law school.”	During the uproar, Ms. Rao helped gather support for the name change — including by obtaining the statement from Justice Ginsburg, which was detailed in emails among public documents posted online by BuzzFeed. She also spoke out publicly, telling The Washington Post that the donation would help bring in new students who could not afford a legal education, and it would “help build out our faculty and improve the quality and reach of the law school.”
Ms. Rao’s center, one of a number of such programs at universities, has tapped into a heightened interest in the administrative state. Conservatives say the concern goes well beyond the regulatory offensive of the Obama administration, and follows a series of opinions from conservative members of the Supreme Court, as well as other significant writings — like Philip Hamburger’s book, “Is Administrative Law Unlawful?” — that raise questions about whether too much power has been given over to federal agencies.	Ms. Rao’s center, one of a number of such programs at universities, has tapped into a heightened interest in the administrative state. Conservatives say the concern goes well beyond the regulatory offensive of the Obama administration, and follows a series of opinions from conservative members of the Supreme Court, as well as other significant writings — like Philip Hamburger’s book, “Is Administrative Law Unlawful?” — that raise questions about whether too much power has been given over to federal agencies.