A major conservative victory in the Supreme Court in 2022 may rebound against President Donald Trump’s wide-ranging executive orders.
During the Biden years the U.S. Supreme Court by a 6 to 3 vote first adopted an administrative rule called the “major questions doctrine”. The court essentially ruled that executive agencies cannot amend or extend the intent of an Act of Congress without clear congressional authorization. The court applied the doctrine when it ruled that the Environmental Protection Agency had acted beyond the law’s scope in trying to regulate greenhouse gas emissions. It also used the doctrine to invalidate the Department of Education’s student loan forgiveness plan. These, the court said, were major questions not clearly addressed in law that Congress should resolve, not executive agencies. “Will This Conservative Doctrine Undo Trump’s First Months in Office?” wrote court scholar and law professor Aaron Tang in a New York Times essay. Tang explained how the major questions doctrine may now be utilized to thwart many of the president’s numerous executive orders. “Mr. Trump, like Mr. Biden before him,” wrote Tang, “seeks to take decisive action on major questions while Congress sits on the sidelines. So the doctrine should be equally applicable.” One example of current litigation in federal court focuses on the president’s “liberation day” tariffs. The plaintiffs are American businesses located in Utah, Vermont, Virginia, New York, and Pennsylvania. The case centers on the International Emergency Powers Act (IEEPA) that the president invoked. The act gives presidents emergency powers “to deal with an unusual and extraordinary threat to which a national emergency has been declared.”
“The statute the President invokes – IEEPA – does not authorize the President to unilaterally issue across-the-board worldwide tariffs,” the plaintiffs argue. “And the President’s justification does not meet the standards set forth in the IEEPA. His claimed emergency is a figment of his own imagination: trade deficits, which have persisted for decades without causing economic harm, are not an emergency. Nor do these trade deficits constitute an ‘unusual and extraordinary threat.’ The President’s attempt to use IEEPA to impose sweeping tariffs also runs afoul of the major questions doctrine.” Tang said “a surprising number of conservative thinkers have signaled support for this argument” to save Trump from “self-destructive policy” choices on issues such as birthright citizenship, sweeping cuts by the Department of Government Efficiency (DOGE), and freezing federal grants. The case above or other similar cases are likely to end up before the Supreme Court. Will the major questions doctrine be applied to Trump’s administration as it was to Biden’s? “What goes around comes around,” wrote Tang. “A man reaps what he sows” – Galatians 6:7. Crawford is the author of A Republican’s Lament: Mississippi Needs Good Government Conservatives.
5 comments:
The writer forgets himself and gives this Supreme Court too much credit. Trump has the will and they will find the way. Consistency is really not that important.
“Mr. Trump, like Mr. Biden before him,” wrote Tang, “seeks to take decisive action on major questions while Congress sits on the sidelines.”
Did court scholar and law professor Aaron Tang have a problem with this when Biden was doing it? Did Aaron Tang give us his written opinion that he had a problem with this when Biden was doing it?
Did Bill Crawford have a problem with this when Biden was doing it? Did Bill Crawford give us his written opinion that he had a problem with this when Biden was doing it?
If answers to the questions above are no, maybe Aaron Tang and Bill Crawford should follow Jake Tapper’s lead…and write a book about the problems “they had” with Biden…..now that he’s gone from politics forever, of course.
First take the plank out of your own eye. Mathew 7:5
Did Crawford co-author "Original Sin?"
“The path of the righteous man is beset of all sides by the iniquities of the selfish and the tyranny of evil me. Blessed is he who, in the name of the charity and goodwill, shepherds the weak through the valley of darkness, for he is truly his brother’s keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know that I am the Lord when I lay my vengeance upon you.”
Ezekiel 25:17.
Not an actual Bible verse youngster.
Stymie, Bill.
Post a Comment