News & Politics
'Sloppy' Policy Making, Not Ideology, Cost Trump Two SCOTUS Cases
By Rick Moran Jun 19, 2020 11:40 AM EST
The right has been up in arms over Supreme Court Chief Justice John Roberts voting with the liberal majority in overturning Trump administration policy on DREAMers and the citizenship question on the 2020 census. But Roberts wasn’t giving his opinion of DREAMers or citizenship questions. Roberts’ ruling was entirely consistent with the law; specifically the Administrative Procedure Act.
It could be argued that the APA saved the nation from Franklin Roosevelt’s dreams to turn America into a socialist nation. During the New Deal, the Democratic Congress created several new agencies — an alphabet soup of them that has since grown out of control.
But Republicans and conservative Democrats banded together to pass the APA, which essentially made it illegal for federal agencies to pass rules that did not meet certain administrative requirements, like sufficient time for the public to comment on the rules and their impact, as well as establishing uniform standards for the conduct of formal rulemaking and adjudication. Violation of these strictures are grounds for declaring the rule unconstitutional.
Without the APA, it’s likely that the number and scope of independent federal agencies would have turned the U.S. into either a dictatorship under the chief executive or a nation run entirely by out-of-control bureaucrats.
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https://pjmedia.com/news-and-politics/rick-moran/2020/06/19/sloppy-policy-making-not-ideology-cost-trump-2-scotus-cases-n553468
