Author Topic: According to judges, Trump is bound by Obama, not the law and the Constitution.  (Read 499 times)

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Offline Right_in_Virginia

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According to judges, Trump is bound by Obama, not the law and the Constitution.
Conservative Review, Aug 17, 2018, Daniel Horowitz  ·

Another day, another federal judge demanding that Trump continue an unlawful, discretionary policy of the Obama administration. Yesterday, South Carolina District Judge David Norton, a George W. Bush appointee, ruled that the Trump administration didn’t offer proper notice when it countermanded Obama’s “Waters of the United States (WOTUS) rule.” Consequently, he is mandating that the EPA and Army Corps of Engineers continue regulating private property that contains streams, pools, and drainage ditches as commercial waters, in contravention of law.

[...]

A president can always countermand a regulation or program optionally implemented by a previous president, most certainly ones that violate existing statute or federal authority, such as the WOTUS rule and Obama’s executive amnesty.

But now, a Bush judge, at the behest of several liberal state governments and environmental defense groups, is saying Trump must continue this nonsense. Judge Norton once again applied his rule universally nationwide, outside his jurisdiction. As they have been doing with every Obama policy concerning the environment, labor, or immigration that Trump merely revokes, random plaintiffs are able to get standing and simply say that Trump violated the Administrative Procedure Act (APA). The APA requires public notice for any changes to regulations and to articulate the reasoning behind the change.

Ironically, the APA was designed to prevent lawless administrative procedures and lawmaking by fiat, but it is now being used against Trump when he simply reinstates the policies that were in place for decades before Obama unilaterally changed them. By definition, liberals will disagree with the substance of his policies and always say they were not well thought out, thereby rendering them “arbitrary and capricious.” And the courts are codifying that political argument as a legal mandate to say that everything Obama did – no matter how lawless – was automatically thoughtfully implemented and when Trump merely reverses those policies, he is always being arbitrary and capricious.


More:  https://www.conservativereview.com/news/according-to-judges-trump-is-bound-by-obama-not-the-law-and-the-constitution/

Offline Right_in_Virginia

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Which brings us to the final point: redressability: A court has no power force actions on the executive branch. A court can’t say, “You must regulate this.” By definition, regulation is an executive function. A court can only do the opposite – negate the action of the executive – to grant relief to individual plaintiffs being fined by the executive branch.

In this case, given that the administration rightfully believes Obama’s regulation violates the law and even the Constitution, the administration must only use its executive powers in concert with the law, not an arbitrary and capricious judge.


Online Bigun

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It's a horrific problem and the only people who can do anything about it (the congress) are completely feckless on the issue.
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