Fuzzy Math

Leave it to the Bush Administration to screw up the numbers:

Congressional Democrats are eyeing a little-known, Clinton-era law as a way to reverse Bush administration midnight regulations — even ones that have already taken effect.

It’s a move that would undermine the White House’s attempt to finalize its energy and environmental regulations by November so that Barack Obama couldn’t undo them after he’s sworn in as the 44th president on Jan. 20.

“Fortunately, [the White House] made a mistake,” said a top Senate Democratic aide [...]

The law contains a clause determining that any regulation finalized within 60 days of congressional adjournment — Oct. 3, in this case — is considered to have been legally finalized on Jan. 15, 2009. The new Congress then has 60 days to review it and reverse it with a joint resolution that can’t be filibustered in the Senate.

In other words, any regulation finalized in the last half-year of the Bush administration could be wiped out with a simple party-line vote in the Democrat-controlled Congress.

The White House interpreted the rule as meaning 60 days from the end of Bush's term.

They interpreted wrong.

Fortunately, you can always count on the incompetence of the Bush Administration.