Midnight Regulations - History

History

The term "midnight regulation" entered the lexicon in 1980–81, during the final months of Jimmy Carter's single term as President. Carter's administration set a new record for midnight regulations by publishing more than 10,000 pages of new rules between Election Day and Ronald Reagan's Inauguration Day. The term is an allusion to the "midnight judges" appointed by John Adams in the final months of his presidency.

Due to the phenomenon of midnight regulations, since 1948, during the period between a presidential election and the inauguration of a president of a different party, the Federal Register has averaged 17 percent more pages than during the same period in non-election years.

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