Could this be a portent in the coming judicial war with the executive branch over Barack Obama’s cherry-picking on which parts of Obamacare to enforce and which to delay? As I wrote about recently, Barack Obama continuously snubs his nose at the Legislative branch in favor of his own imperial policy actions, making him ripe for constitutional challenge (Obama Selective Enforcement Of Laws: Will he Finally Be Stopped?).
Here is today’s ruling on the Yucca Mountain nuclear issue:
WASHINGTON (AP) — 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.
By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department’s application for a never-completed waste storage site at Nevada’s Yucca Mountain.
In a sharply worded opinion, the court said the nuclear agency was “simply flouting the law” when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas. The action goes against a federal law designating Yucca Mountain as the nation’s nuclear waste repository. <source>
Yes indeed, the man “simply flouts the law” on a regular basis on major national issues such as border security, American sovereignty, and health care. Finally some judges step up to their sworn duty: to protect and defend the Constitution of the United States.
They made this explicit in their ruling:
“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. “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.”
That is called plain English, folks ,and god be praised for the fact that there are still men in positions of power who will assert power against Barack Obama’s growing fascism.
I find it interesting that this ruling was handed down today, which happened to coincide with another Obamacare “delayed implementation” as unilaterally determined by mr. Obama (“Yet Another White House Obamacare Delay: Out-Of-Pocket Caps Waived Until 2015“).
Will the federal courts gain momentum from today’s ruling, or will Barack Obama find a way to visit judges and persuade them, Chicago style, to countenance his lawlessness — as many believe he must have done with none other than the Chief Justice of the Supreme Court himself?
Time will tell, but in the meantime the federal judiciary has been revived.