With the Senate now controlled by Democrats, it is likely that any hearings would be contentious, especially if Dudley were to be as evasive as in her 2006 hearings. Bush is considering appointing Dudley as a senior OIRA advisor while she waits on Senate confirmation, and he also has the option to appoint her during a Senate recess later in the year should she not be confirmed. In short, there are several avenues to Dudley ultimately overseeing the regulatory process within OIRA.

OMB Watch fears further erosion of many public protections should Dudley gain authority at OIRA. Her emphasis on using free market mechanisms above other considerations, and her fierce opposition to regulations generally, are likely to lead to more delays and more defeats of critical health, safety and environmental protections. For example, Dudley's anti-regulatory leanings have led her to advocate against stronger health standards regarding arsenic in our drinking water, against government requirements for air bags in automobiles, and against the very existence of Occupational Safety and Health Administration (OSHA) regulations.

The Senate and HSGAC should be making decisions about how to proceed with her nomination within the next several days.