Trump's Second Term: What's Ahead for Nine Key Sectors? | Venable LLP

Trump's Second Term: What's Ahead for Nine Key Sectors?

During a campaign season that saw an incumbent president bow out of his own re-election bid and assassination attempts against his challenger, substantive policy debates were sometimes obscured by the drama. But in a divisive, high-stakes election in which two of the three branches of American government were being decided by voters it was always, eventually about which political leaders would control the levers of policy power.

While we still don't know who will control the House, some of those levers will be pulled by a second Trump White House and a new, Republican-controlled Senate. In this alert, nine Venable practice groups (Antitrust, Autonomous and Connected Mobility, Energy, Environment, Financial Services, Healthcare, Labor and Employment, Tax Policy, and Trade) analyze key topics involving the industries they serve, offering insights about potential policy changes under President-elect Trump, and given the new makeup of Congress.

A new administration brings many changes to policy and personnel. This year's election comes on the heels of the Supreme Court's Loper Bright decision that reduces deference that courts give to agencies when considering new regulations and other policy decisions. With a renewed emphasis on whether agencies have effectuated rules that adhere to their statutory mandates, it will be interesting to see how courts treat policy u-turns and other changes.

The old adage that personnel is policy is certainly true as a new president has approximately 1,300 appointees that require Senate confirmation (and many more that do not). A closely divided Senate may require significant time to evaluate the nominees. How quickly a new administration has nominees in place to send to the Senate will be important. And how quickly that Senate may want to act on the nominees will be even more important. In 2017, for example, the Senate took a very slow approach to President Trump's nominees. The time spent on nominations reduces the time spent on legislation and potentially slows down other domestic policy changes.