In 2007, President Bush used administrative decrees — such as issuing a new regulatory executive order and giving new powers to executive branch offices — to impact the regulatory process. The administration is likely to continue pursuing administratively what it cannot accomplish legislatively or does not wish to do in the light of day.

The 2008 presidential campaign is in full swing, and so is the debate over what charities and religious organizations can say or do without violating the tax code's ban on partisan electoral activity. The Internal Revenue Service (IRS), which enforces the law through its Political Activities Compliance Initiative (PACI) program, has already received numerous requests for investigations, and one church has challenged it to investigate a 2006 sermon. The controversy reflects a healthy interest in public affairs within the nonprofit sector, as well as an unhealthy uncertainty about what is allowed in many election-related activities.

In December 2007, Citizens United, a 501(c)(4) organization, filed a lawsuit against the Federal Election Commission (FEC) in the U.S. District Court for the District of Columbia claiming that television ads for its film, Hillary: The Movie, should not be subject to donor disclosure requirements under FEC rules. On Jan. 15, a three-judge panel ruled against the group. The organization has since asked the U.S. Supreme Court to consider its case. The suit is a response to the FEC's new rule implementing the Supreme Court's Wisconsin Right to Life (WRTL) decision that allows genuine issue broadcasts to air in the period before federal elections.

In the current political climate, it is unlikely that Congress will succeed in passing legislation that protects the public from the range of regulatory failures we experienced in 2007. The barriers to substantially improving public health, worker safety, and environmental quality seem too high in this election year, especially given President Bush's willingness to use his veto power. What Congress can accomplish in 2008 is establishing legislative and oversight priorities over numerous health, safety, and environmental issues. In many instances, however, we will see states move ahead with a variety of actions designed to improve public protections. The executive branch will also play an increasingly important role as the Bush administration comes to a close.