When The Courts Limit The Bureaucracy, Life Is Good!

On Friday, The Epoch Times reported that a Texas judge has struck down a regulation that was issued by the U.S. Department of Transportation (DOT)’s Federal Highway Administration (FHWA) in 2023.

The article reports:

The rule was issued by the U.S. Department of Transportation (DOT)’s Federal Highway Administration (FHWA) in 2023 as part of President Biden’s efforts to slash carbon emissions in half by 2030.

Specifically, it required state transportation departments and metropolitan planning organizations (MPOs) to both measure their transportation-related emissions on the U.S. highway system and set their own emission reduction targets.

Additionally, the measure required state DOTs and MPOs to report biennially on their progress in meeting the declining targets. FHWA would also assess the state’s progress toward achieving those targets, according to the rule.

Texas sued the DOT in December, arguing the agency lacked legal authority from Congress to enact the rule, and that it violates the Administrative Procedure Act.

In his ruling, Judge James Hendrix of the U.S. District Court for the Northern District of Texas agreed, stating that the Biden administration lacked authority under law to impose the greenhouse gas emissions performance measure.

“When a regulation attempts to override statutory text, the regulation loses every time, regulations can’t punch holes in the rules Congress has laid down,” the judge wrote, citing a previous case, Djie v. Garland.

The article concludes:

In finalizing the rule in December last year, Transportation Secretary Pete Buttigieg said the performance measure would provide states with a “clear and consistent framework to track carbon pollution and the flexibility to set their own climate targets.” Officials also said transportation is the leading source of greenhouse gas emissions in the United States.

A spokesperson for the highway administration, which is part of the Transportation Department, told The Epoch Times in an emailed statement: “ The Department of Transportation (DOT) and Federal Highway Administration (FHWA) remain committed to supporting the Biden-Harris Administration’s climate goals of cutting carbon pollution in half by 2030 and achieving net-zero emissions by 2050.”

“We are reviewing the Texas court’s decision and determining next steps,” the spokesperson added.

When are we going to go back to the time that the people who were elected to make the laws made the laws. We are being governed by a bunch of unelected bureaucrats, and that is not what our Founding Fathers designed. It’s time for Congress to read the Constitution and take their responsibilities seriously.

 

 

Common Sense

Yesterday The Daily Wire reported that a federal judge has ordered the Biden administration to reinstate the Trump administration policy of having illegal immigrants wait in Mexico while their asylum requests are evaluated by the courts.

The article reports:

Judge Matthew J. Kacsmaryk ordered Biden to “enforce and implement [Migrant Protection Protocols, commonly referred to as ‘Remain in Mexico’] in good faith until such a time as it has been lawfully rescinded in compliance with the [Administrative Procedure Act] and until such a time as the federal government has sufficient detention capacity to detain all aliens subject to mandatory detention under Section 1255 without releasing any aliens because of a lack of detention resources.”

Considering the fact that our detention centers on the southern border of America are overcrowded, this is the compassionate thing to do.

The article notes:

Missouri Attorney General Eric Schmitt, who filed the lawsuit with Texas Attorney General Ken Paxton, celebrated the win on social media, tweeting: “Big win for border security!”

“We just won our second immigration lawsuit against the Biden Admin! They unlawfully tried to shut down the legal and effective Remain-in-Mexico program, but Texas and Missouri wouldn’t have it,” Paxton’s office wrote in a tweet. “Together we sued, and just handed Biden yet another major loss!”

The judge’s order comes after Biden’s Department of Homeland Security (DHS) released new statistics yesterday showing that the Biden’s border catastrophe worsened for the sixth consecutive month as U.S. Customs and Border Protection apprehended 212,672 illegal aliens—the worst month ever recorded by DHS, which was created in 2002.

This is a win for American sovereignty.

Ordering Law Enforcement Not To Enforce The Law

Today’s Daily Caller is reporting that ten Immigration and Customs Enforcement (ICE) agents have filed a lawsuit in federal court in Dallas, Texas, charging that President Obama’s June 15th deferred action directive is essentially an order for the ICE agents to break the law.

The article reports:

Kansas Secretary of State Kris Kobach, an adviser Republican presidential candidate Mitt Romney, is the lead attorney on the case.

“The Directive is an extension of the DREAM Act, which was rejected by Congress, and aims to grant an amnesty to 1.7 million illegal aliens,” Kobach said. “It violates federal immigration laws that require certain aliens to be placed in removal proceedings, it violates the Administrative Procedure Act, and it encroaches upon the legislative powers of Congress as defined in Article I of the United States Constitution.”

“The lawsuit notes the position that these ICE agents are being put in, they are being ordered by their political appointee superiors to break federal law, or if they don’t break federal law, according to their orders, they will be disciplined. This is an absolutely breath taking assertion of authority and an abuse of authority,” he added in a conference call with reporters, comparing the situation to Fast and Furious.

This is another illustration of Presidential overreach and how it impacts America. The ICE agents are being prevented from doing their job–not because Congress has changed the law or a change to the law has been made constitutionally–but because President Obama says so.

It’s time to elect a president who respects the U. S. Constitution.

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