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Business Crimes BulletinFeaturesElection and Political LawRegulationWhite Collar Crime

No Matter Who Wins the Presidential Election, Changes In Corporate Regulation Await

By Phillip M. Gordon and Caleb Acker
October 01, 2024

With all eyes focused on the politics and inside-the-beltway drama surrounding the next presidential election — and it can hardly be said that this election season has so far lacked drama — the candidates' fundamental policy differences that could impact business are being overlooked. While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state.

This applies even more so to those who advise corporations and allied institutions on the political and legal landscape impacting their industry. "After all, the chief business of the American people is business." Calvin Coolidge, The Press Under a Free Government, Address to the American Society of Newspaper Editors, (January 17, 1925).

Every presidential election cycle brings the possibility of immense changes to the regulatory structures that govern the day-to-day operations of American business. This year, these potential changes are compounded by the nearly diametrically opposed visions that former President Donald Trump and Vice President Kamala Harris have for administrative agencies and corporate regulation. No matter who wins, there will be substantial change: A reelected President Trump will almost certainly return to his administrative policies, reversing the reversals of the current administration, while a President Harris may, consistent with her 2020 campaign promises and her votes as a Senator, press an even more progressive regulatory agenda than President Biden.

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