Trump, Judges, Appeals, Executive, Courts, Biden, Political/General News, Crime/Legal Action, Politics/International Relations

Trump, Judges

Opinion | Mr. President, Meet the Law

Courts start to tell Biden he can’t rewrite federal law through executive action.

6/19/2021 8:30:00 AM

From WSJopinion: The decision by Mitch McConnell and the Republicans to make judicial appointments a priority during the Trump years is already paying dividends, writes KimStrassel

Courts start to tell Biden he can’t rewrite federal law through executive action.

June 17, 2021 6:28 pm ETPotomac Watch: Despite what progressives like Alexandria Ocasio-Cortez may think, climate legislation is not infrastructure legislation. Images: Getty Images Composite: Mark KellyThe Beltway headlines are almost entirely focused on the 50-50 Senate, the body that could derail

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Joe Biden’s legislative agenda. But take note of that other potent Biden antagonist, one that is proving an equally big problem: the law.A federal judge in Louisiana this week blocked the Biden administration’s executive order imposing a moratorium on new oil and gas leases on federal lands. The order, which Mr. Biden issued on his first day in office, claimed the authority to override the law, established procedure and state interests by “pausing” already scheduled lease sales. Democrats and the media, in thrall to the administration’s climate posturing, barely bothered to contemplate the legality.

But the attorneys general of 13 states, whose economies could be harmed by the moratorium, immediately sued. Judge Terry A. Doughty issued a nationwide preliminary injunction blocking the order. The federal laws in question require the government to engage in lease sales and don’t grant authority to the president to hit pause. The “power to ‘Pause’ lies solely with Congress,” Judge Doughty observed. He also noted that the moratorium violated the Administrative Procedure Act, which governs the process by which the executive branch takes regulatory action.

This follows last week’s decision by a federal judge in Wisconsin to impose a nationwide temporary restraining order on a program in the Democrats’ Covid-relief bill that provided loan forgivenessonlyto black and other minority farmers. That potentially violates constitutional restrictions on racial discrimination. And the mid-May decision by a federal judge in Texas to halt a Small Business Administration program that put “socially and economically disadvantaged people” first in line for Covid grant money for restaurateurs. And the early May decision by a federal judge in the District of Columbia to throw out the Centers for Disease Control and Prevention’s national eviction moratorium, imposed during the Trump administration and renewed soon after Mr. Biden took office, on grounds that the agency lacked legal authority.

There’s potentially plenty more where those came from. States are suing over a separate Biden executive order to dictate a “social cost of carbon,” over the relief bill’s provision barring states that accept Covid relief from cutting taxes, over the administration’s restrictions on ocean cruises, and over immigration policy, to name a few. Industry groups, conservative legal outfits and private parties are also filing court papers like mad.

Democrats can take part-credit for the legal onslaught. While it is usual for attorneys general of the opposing party to challenge federal rules and laws, the left took it to a new level in the Trump years. By one analysis, Democratic attorneys general filed 35 multistate lawsuits against the federal government in 2017 alone (compared with the 46 suits Republican attorneys general filed in the eight years of the Obama administration). The “resistance” judiciary can also take a bow. While conservative judges are normally reticent to issue nationwide injunctions, the liberal bench worked its socks off to normalize the practice in the Trump era—and now is apparently getting its wish.

Read more: The Wall Street Journal »

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opinion KimStrassel You mean like they did with Trump? Or they failed to do with Obama? It is in violation of law for an executive action to contradict federal law outside of national emergency powers that suspend the aspects of the Constitution. FactsMatter and BidenIsSenile DemDuplicity opinion KimStrassel 🍧... Thanks! KimStrassel

opinion KimStrassel at the expense of Democracy and country opinion KimStrassel KimStrassel meet some actual good writing....not the drivel you pen. opinion KimStrassel How can you possibly defend putting party ahead of country? You know for a fact that the framers did not intend this and actually warned future generations about the dangers of 'factions'.

opinion KimStrassel It is targeted genocide when you have been financing Putin with one hand through gas pipelines for 30 years! On the other hand, the countries 100% promise to join NATO and will not enter! The world needs a third power! The world needs China! A real social-democratic China! opinion KimStrassel Great to see you promoting fascism once again 👍

opinion KimStrassel That was the plan all along opinion KimStrassel And they COMPLIED, so hold your 'gasm😏 opinion KimStrassel 🇵🇸Speaking of Facts! Far-right religious extremists gathered from around the world who believe in their superiority over others who don't value human lives outside their own and have a deformed understanding of religion/geography & history; Isis, Israel, or both?

opinion KimStrassel WSJ: 'Dirty tactics are awesome!'

‘Rick and Morty’: The 10 Best Episodes Ever, Including Mr. Poopybutthole, Pickle Rick and the MeeseeksSince its debut in 2013, Justin Roiland and Dan Harmon’s animated dark comedy “Rick and Morty” has consistently taken science-fiction misadventures to new heights (and juvenile lows). The pop-cultu… I’m pickle rick!!!!!! Good list. Even as critical as the show's fan base can be, most would agree with the selections here, probably in a different order, but mostly the same eps. Can't wait for tomorrow! I loved that episode, but I didn’t know that fact

opinion KimStrassel Seriously you have the biggest group of shitheels writing for your OpEd section opinion KimStrassel good luck

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