Wednesday, August 14, 2013

How Might This Apply To All The Obamacare Delays?

In a rebuke to the Obama administration, a federal appeals court ruled Tuesday that the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada...

"The president may not decline to follow a statutory mandate or prohibition simply because of policy objections," Judge Brett M. Kavanaugh wrote in a majority opinion, which was joined Judge A. Raymond Randolph. Chief Judge Merrick B. Garland dissented.

The appeals court said the case has important implications for the separation of powers between the executive and legislative branches of government.

"It is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies to disregard federal law in the manner asserted in this case by the Nuclear Regulatory Commission," Kavanaugh wrote. "The commission is simply defying a law enacted by Congress ... without any legal basis."
The full story is here.


Anonymous said...

Supreme court rulings didn't help the Cherokee. A famous (unsourced) quote attributed to Andrew Jackson seems to apply here: "John Marshall has made his decision, now let him enforce it!"

-Mark Roulo

JoeH said...

Article II. Section 3 of The Constitution, just on the off chance our President/Constitutional Law Professor has forgotten: "...he shall take Care that the Laws be faithfully executed..."

Auntie Ann said...

There is no arm of the federal government that can actually make the president do anything he doesn't want to do, even if he's breaking the law.

The only action that can be taken is impeachment, but that is off the table because of the bad odor surrounding it, and the impossibility of getting the Senate to act after an impeachment. What's the point of the House impeaching if the Senate will do nothing?

The judiciary has no power over the president. They can scream, yell and carry on, they can take up protest signs and walk in their black gowns and silly hats chanting "hey! hey! ho! ho! to Yucca Mountain waste must go!" up and down in Lafayette Square, but it will mean bupkis.

They have no power over the president.

Congress won't use its power. The judiciary has no power. And the people chose to reimpower Obama back on November 8th.