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 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.
According to judges, Trump is bound by Obama, not the law and the Constitution.
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.
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.
I've written extensively about the courts mandating that Trump continue Obama's lawless immigration policies, but they've been doing the same thing on regulatory policy as well.
https://www.washingtonexaminer.com/policy/energy/federal-judge-orders-trump-to-reinstate-obamas-waters-of-the-us-rule
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 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.
According to judges, Trump is bound by Obama, not the law and the Constitution.
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.
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.
I've written extensively about the courts mandating that Trump continue Obama's lawless immigration policies, but they've been doing the same thing on regulatory policy as well.
https://www.washingtonexaminer.com/policy/energy/federal-judge-orders-trump-to-reinstate-obamas-waters-of-the-us-rule
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