The Lawfare Podcast Lawfare Daily: Pocket Rescissions in Congress
Sep 2, 2025
Zach Price, an Associate Professor of Law at UC Law San Francisco, and Phil Wallach, a Senior Fellow at the American Enterprise Institute, dive into the controversial topic of pocket rescissions. They discuss the legal ramifications of these budgetary maneuvers and their implications for congressional power. The guests highlight the tension between the legislative and executive branches and explore how such practices could undermine Congress's authority. Their insights shed light on the evolving dynamics of budget control in American governance.
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What A Pocket Rescission Does
- A pocket rescission times a rescission request to overlap an authorization expiration so funds expire without congressional action.
- That effectively creates an impoundment by letting money lapse back to the Treasury.
Statute Distinguishes Rescissions And Deferrals
- The statute separates rescissions (cancelations) from deferrals (delays), and rescission proposals trigger a 45-day congressional decision window.
- Funds covered by rescission proposals fall outside normal deferral limits while Congress decides.
Text And Purpose Cut Against Pocket Rescissions
- Critics argue the text doesn't permit automatic delays that let funds expire during the 45-day window.
- Ambiguity should be read to prevent impoundments, because the statute aims to limit presidential cancellation of funds.