Like a typical trial lawyer I think that regulations are minimum requirements that a jury should consider but not be bound by in deciding whether reasonable care was being taken for another persons's safety and security. Issuance of federal regulations is a complicated process of notice, comment, response, White House review (by the Office of Information and Regulatory Affairs - OIRA), and, finally, judicial review. A little appreciated consequence of the Presidential election is who staffs OIRA, and who is chosen to become a federal judge. The consequences of both are significant. Cass Sunstein (who recently concluded three years at OIRA before returning to the Harvard Law School faculty) lays out in a New York Review of Books article what it is all about. He begins with a catalog of what the Obama administration has accomplished, then turns to what happens when judges review them. The partisan divide is plain.