Backwards

The headline and lede demonstrate the utter misunderstanding (to the point of cynically offered distortion?) of the press in the ongoing fight between the Left and the Trump administration’s efforts to streamline our bloated Federal government, bring its spending into line with necessarily lowered income tax rates, and revamp our failed immigration behaviors.

Trump Floods Supreme Court With Appeals to Push Through Agenda
A cascade of Trump administration cases is flooding the Supreme Court, putting the justices on the spot over the administration’s aggressive moves to eliminate federal programs, abolish independent agencies, and recast immigration law without congressional approval.

No. Without the Left weaponizing all of our courts with their lawsuits over every step the Trump administration takes, there would be nothing to appeal to the Supreme Court, emergency or otherwise. This Leftist obstructionism is borne solely of their disdain for, if not hatred of, all things Trump, Republican, or Conservative.

Nor is President Donald Trump (R) seeking to bypass Congress with any of his moves. He and his Cabinet Secretaries understand full well that his moves alone cannot be expected to last past the next election of a Progressive-Democrat President. He and his know full well that Congress needs to statutorily codify his moves in order for them to have any durability.

Trump also knows full well that continuing to wait through Congress’ stately political pace will mean nothing continues to get done in any of those milieus and that waiting through the court system’s drawn out judicial deliberation, suit, countersuit ad nauseum will mean not very much will get done.

The businessman simply is moving at the pace of business rather than at the dither pace of politics and judges. That’s to the good of our nation, no matter the gnashing of the Left and its Progressive-Democratic Party obstructors.

Yet Another Thought

President Donald Trump’s (R) moves against regulations regarding our showerheads, dishwashers, stoves and ranges, and other household appliances has triggered a thought in me regarding regulation and Congressional delegation.

As we all know, Congress has delegated rule-making to the Executive Branch agencies and Departments, and many of us think Congress has over-delegated. Congressmen have shown themselves loath to wholesale claw back that delegation and write their own regulations to give concrete effect to Congress’ statutes. Here’s an easier move Congress could make regarding that delegation and rule-making.

Let the agencies and Departments conduct their rule-making in the current way, with the requirement for a comment period, the regulators required to take seriously the public’s comments during that period, and the writing of the “final” rule. The added steps are these, and they are few:

1. The agency/Department is barred from implementing the rule at any time in draft form, including via “guidance” letter, before it takes formal, legal effect
2. When the agency/Department has finalized its rule, it must submit the rule to Congress for approval
3. Each house of Congress must approve the rule via floor debate and majority vote—this is the step that gives the rule legal effect, not agency/Department finalization
4. Each house of Congress must approve the rule within 10 calendar days of its submittal to Congress
5. If both houses do not approve the rule within 10 calendar days, the rule is deemed disapproved, and it cannot take effect
6. If the rule is disapproved, whether by overt disapproval or by failure to approve within 10 days, the rule and no rule similar to it can be brought up again for six years

That last rule is especially important: it allows for the possibility of a complete turnover of the House of Representatives three times, it allows for the possibility of a complete turnover of the Senate, and it allows for the possibility of a complete turnover of the White House and, by extension, of the leadership of those agencies and Departments.

NB: I posted the gist of this to DOGE’s Regulations.gov, which is DOGE’s call for, and Web site for receiving, suggestions for rule changes and rescission by us ordinary Americans.

Because when I got to the head of the line, they were all out of humility, so I made up for it with an extra helping of hubris.