Under the Congressional Review Act (CRA), Congress may pass resolutions of disapproval of agency regulations which have the effect of repealing the disapproved regulation and preventing the agency from re-promulgating another rule that is "substantially the same" as that which was disapproved, unless and until expressly authorized by Congress. In effect, a resolution of disapproval not only repeals a rule, it also effectively repeals the agency's underlying statutory authority to issue such a rule.

Up until now, the scope of this bar on agency action has not been tested. Today, however, in Ohio Telecom Association v. Federal Communications Commission , the U.S. Court of Appeals for the Sixth Circuit split over whether the passage of a CRA resolution disapproving the FCC's 2016 privacy rul

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