Two More Panic-Mongering Lawsuits

Newly installed OMB Director and Acting CFPB Director Russell Vought has moved to curb the abuses of the CFPB by ordering staff to issue no more new rules, to stop new investigations, and to suspend existing investigations and litigations pending a general review of the CFPB’s activities. Vought also has authorized DOGE personnel to audit CFPB’s financial activities, including its payroll.

The National Treasury Employees Union is mightily upset, and it has filed two suits to stop these cease and desists and the audit. The NTEU alleged in the first case

It is substantially likely that these initial directives are a precursor to a purge of CFPB’s workforce, which is now prohibited from fulfilling the agency’s statutory mission[.]

In the second case, the union alleged that the CFPB

granted access, and by extension, disclosed employee records to individuals associated with DOGE without employee consent to such disclosure.

I will be brief, and the NTEU will not find it pleasant.

The union’s first case is entirely speculative as no harm has yet occurred, nor has the union alleged any harm actually has occurred. The suit should be tossed on that ground alone. Regarding the union’s allegation of prohibition, this is pure fantasy: the activities are HIAed, not prohibited, and whether the CFPB is functioning as statutorily required in this context is a political assessment, not one that is justiciable.

In the second case, the union’s allegations are, once again, purely speculative, and no harm has yet occurred, nor has the union alleged any actual harm has occurred. All it has done is raise a series of scary boogieman possibilities for some time in a nebulous future. This case ought to be tossed on that ground as well. Regarding the consent allegation, the CFPB’s employees—all Federal government employees—agreed to have their pay records audited on demand when they signed on to their government employment. That allegation also should be tossed even if the larger case is continued.

The evident frivolousness of these two suits is one more reason why government unions are destructively counterproductive and why the sinecure nature of civil service jobs needs to be severely curtailed.

Carpetbagger

Former Transportation Secretary Pete Buttigieg (D)—and former Mayor of South Bend, Indiana, which is of singular importance here—wants to run for Senator in…Michigan. He’s leading all the other current Progressive-Democrat contenders according to some polling data.

The Progressive-Democrats in the State don’t seem to care about Buttigieg’s carpetbagger status.

Progressive-Democrats do care about other carpetbaggers, though:

• Pennsylvania Senatorial candidate Republican Mehmet Oz (R) was accused by Progressive-Democrats and their supporters of carpetbagging because he had a house in New Jersey
• Michigan Senatorial candidate Mike Rogers was accused by Progressive-Democrats and their supporters of carpetbagging because he also has a house in Florida
• Wisconsin Senatorial candidate Eric Hovde (R) was accused by Progressive-Democrats and their supporters of carpetbagging because has a house, also, in California, and a business in Utah
• Montana Senator Tim Sheehy (R) was accused of carpetbagging against the State’s incumbent Progressive-Democrat Jon Tester for the sin of having grown up in Minnesota, never minding that Sheehy had been a Montana citizen for the 10 years before his campaign and election
• Ohio Senator Bernie Moreno (R) was accused by Progressive-Democrats and their supporters of carpetbagging because he had stakes in multiple properties from Costa Rica to New York City to the Florida Keys.

Progressive-Democratic Party politicians’ hypocrisy is embedded in nearly everything they say and do.

Blame Ducking

It’s not blame shifting or blame casting, even though it might seem so. Those are just tools, though, employed in the cause of ducking blame. Pennsylvania’s Progressive-Democrat governor, Josh Shapiro, has provided the latest version.

Electricity rates are spiking in the State over which he rules. PJM Interconnection, the State’s largest power provider, has approved 38 GW of new generation, but the generators are not being built: high interest rates and inflation, not Shapiro’s fault but demonstratively that of his party’s actions at the Federal level, have made the building too costly, even with the plethora of green subsidies.

Shapiro has, though,

pitched an energy plan to fast-track the construction of renewables and a cap-and-trade program that would effectively subsidize them by punishing fossil fuels. Such policies would likely lead to the retirement of more base-load fossil fuel generators….

And that restriction on energy supply can only further drive up energy prices for Pennsylvanians. This sort of thing already has done so, in fact, hence the present spike for the State’s citizens.

Now Shapiro is blaming PJM for those rising prices while ducking away from his own green policies, and his party’s national-level policies, that are the actual cause of the straits in which Pennsylvania’s citizens find themselves.

This is the Progressive-Democrat mantra: it’s not their fault; it’s never their policies. It’s always and everywhere someone else’s fault.

Progressive-Democrat Obstructionism

The Trump administration, this time in the form of CIA Director John Ratcliffe, has extended an 8-month buyout offer to the CIA. Typical of the Progressive-Democratic Party’s insistence on Federal government power, Senator Tim Kaine (D, VA) had this objection:

There’s no statutory authority that I can see for the president making this offer[.]

That’s the Party position on government: nothing is permitted unless Government explicitly permits it. Of course, that’s not how our government works in the structure laid out by our Constitution. Quite the opposite, in fact: the lack of explicit statutory authority is no bar at all against the President—or the CIA Director in the present case—making such an offer.

For Kaine’s benefit, though like his Party cronies, it’s doubtful he’ll read it, here are the 9th and 10th Amendments to our Constitution:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Of course, Trump, and Ratcliffe, would need statutory authority to require those folks to take the buyout offers, but no such requirement exists—only the offer. Which is a better severance package than most any private sector organization has ever offered. The CIA personnel, and those other Federal civilian personnel, under the offer even get to keep their current insurance benefits; they won’t even be forced onto the horribly expensive COBRA plans for the eight months.

Government Moving at the Speed of Business

This is what the Trump administration has done in the first couple of weeks, much less its first 100 days.

  • offered buyouts to 2 million civilian full-time federal workers. Remains to be seen how many will take the offer, but the offer was paired with warnings of being fired if the offer isn’t taken
  • more on Federal employment:
    • ordered federal workers back to the office full-time and agencies to take steps to halt remote work arrangements
    • freeze on federal hiring, except for military, immigration enforcement, national security, and public safety jobs
    • reinstated first-term Schedule F Executive Order, stripping potentially hundreds of thousands of government workers of government employment protections, making them easier to fire
    • acting director OMB memo: agency heads told to identify employees on probationary periods, or who have served less than two years
    • 160 NSC staff members “sent home”
  • outright fired some folks
    • 1,000 officials appointed by Joe Biden
    • heads of Coast Guard and TSA, and “other officials” fired
  • 20 senior career attorneys at the Justice Department, including environmental, criminal, national security, civil rights lawyers, and some immigration court staff, have been reassigned, some to newly formed Sanctuary Cities Enforcement Working Group
  • issued memo pausing potentially trillions of dollars in federal aid…. The freeze was blocked by a Federal district judge, but the review/audit and requirements for substantive recommendations for cutting remains in place
  • freeze on new civil rights litigation, halted all pending environmental litigation
  • ordered a 90-day pause in foreign development assistance pending assessments of efficiencies and consistency with his foreign policy
  • review of FEMA with a view to reform or close down
  • eliminated government diversity programs, including closing all federal offices, eliminating DEI-related jobs. Workers in those positions put on paid leave. Ordered hiring to be based on merit, with no racial, sex, religious discrimination allowed
  • reinstatement of thousands of troops involuntarily discharged for refusing Wuhan Virus vaccines during the Situation

Whodathunk a government could move that fast?