March 25, 2026

Federal agencies constantly issue letters, FAQs, memoranda, and policy statements to interpret the law and explain how they plan to enforce it. These documents are officially described as informal and nonbinding. In practice, though, they often become a backdoor way to shape policy and pressure states without going through Congress or formal rulemaking. 

In Weaponized Guidance, Center for Practical Federalism’s Senior Policy Advisor Jennifer Butler shows how federal agencies turn informal interpretation into practical coercion. Documents that are supposed to explain existing law often end up shaping audits, investigations, settlements, and litigation, especially when states know ignoring them can trigger scrutiny. 

The report shows how this pattern played out in elections, environmental policy, civil rights, and climate permitting during the Biden Administration. It describes a system that weakens accountability, sidesteps public input, and puts new pressure on states. 

Butler also lays out a practical response. Congress can use the Congressional Review Act to unwind a Biden-era Department of Justice rule that expanded this approach. States can adopt transparency and review tools that make it harder for informal federal directives to quietly drive state policy.