The New Pen and Phone

Ex-President Barack Obama (D) infamously bragged that he had a pen and a phone available if Congress wouldn’t do his bidding. And he proceeded to use them to reign via diktat—diktats often overruled in court (and remember, this was before former President Donald Trump (R) was able to restore textualist sanity and restrain judicial activism).

Behold, the President Joe Biden (D) version of the pen and phone tool for ruling, rather than governing: the permanent “public health emergency.”

The Biden Administration claims the declaration provides critical regulatory flexibility.

You bet it does.

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