Independent Agency Rules — Week of Dec 8, 2025

This week, two significant federal actions raised questions about independent agencies' ability to operate free from direct political control. On December 11, Executive Order 14365 was signed, aiming to prevent states from regulating artificial intelligence by creating a federal task force to sue states over their AI laws and by threatening to withhold broadband funding from states that don't comply. The same week, the House debated the Protect America's Workforce Act, a bill to reverse a March 2025 executive order that ended collective bargaining rights for over one million federal workers—including police, firefighters, nurses, and safety inspectors at government agencies.

This might matter because independent agencies are designed to make decisions based on science, law, and expertise rather than political pressure. When the executive branch strips workplace protections from agency employees and asserts the power to override state regulations without Congress passing a law, it may concentrate decision-making authority in ways that weaken the checks built into our system of government—specifically, the independence of regulatory agencies and the role of states and Congress in setting policy.

On AI regulation, there's a reasonable case that having 50 different state rules creates real problems for technology companies, and that some federal coordination makes sense. The administration has emphasized that rapid federal action is needed to prevent regulatory fragmentation from undermining American competitiveness in AI. Past presidents have sought to streamline regulation in emerging industries, and this order may also serve as a temporary bridge while Congress develops permanent AI legislation. However, this order goes further by using federal funding as leverage and directing the Justice Department to actively challenge state laws—tools that typically require congressional approval when used for preemption.

On federal workers' bargaining rights, supporters of the executive order argue that the President needs authority to manage the executive branch workforce, especially when outgoing officials signed union deals designed to limit the incoming administration. The administration has framed these actions as essential to addressing management challenges. That's a legitimate debate about presidential authority. But the scale—affecting over a million workers across independent agencies—goes well beyond addressing specific problematic contracts.

Separately, a Senate debate over the Claiming Age Clarity Act revealed that the Social Security Administration has lost 6,000 staff since February 2025 and seen a 23% budget cut (adjusted for inflation) since 2010. A senator objected to even a simple bill because SSA lacks resources to carry it out—a sign that budget and staffing cuts may be degrading the agency's basic ability to serve the public. Budget pressures at SSA predate this administration, but the pace of recent staff losses has accelerated notably.

Limitations: This analysis is based on AI-assisted review of publicly available documents from a single week and should not be treated as a finding of fact. Executive orders may face legal challenges, and their real-world impact depends on implementation and court rulings.