Where are the Republican Lawsuits Under the Administrative Procedures Act?

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What passes for Republican “leadership” in Congress these days is timid, feckless, uncoordinated, corrupt, and ineffective in the face of the ongoing left-wing Democrat onslaught. Where is the pushback against the Democrats’ socialist policies? Where is the grand national Republican Party leadership? We see it only at the state level, where legislatures are passing new election security laws, Second Amendment protections, laws contrary to federal masking guidelines, and challenges to federal inaction at the Mexican border. Oh, and challenges to the 2020 election that are ongoing in Arizona, Florida, Georgia, etc., too. Idaho just got into the act by shutting down Marxist Critical Race Theory indoctrination in state-run public schools:

But where is the coordinated national-level Republican counterattack against The Hologram’s myriad left-wing executive orders and proclamations? Where is the Republican National Committee? Where is the national Republican communication strategy, including daily press conferences, to expose the lunacy of the Democrats’ actions? As usual, the Senate RINOs are making vapid public statements, dabbling in the arcane, and practicing “Democrat-lite” policies with their slimmed-down version of an infrastructure bill reminding us of their past slimmed-down bills that went nowhere (e.g., bailouts, healthcare, etc.). House Minority Leader Kevin McCarthy (R-CA) blandly exhorts us:

Big whoop. Do they ever directly counter Democrat issues by saying “No, that’s a stupid idea,” explaining why, and then actually taking concrete and well-coordinated action against them? Or do they have no original thoughts of their own (because their big business and US Chamber of Commerce donors want them to be RINOs über alles)?

The Hologram has signed 41 executive orders and 14 presidential memoranda as of yesterday. The purpose of these documents is to direct the federal bureaucracy on Biden administration priorities and ultimately to translate those summary documents into federal policies and regulations. The explosion of EOs in recent years undermines the authority of Congress under the US Constitution as the branch of government that writes federal laws – you know, legislation. EOs short-circuit that purposely deliberative process of give-and-take and compromise on legislation by enabling the administrative state to quickly turn the arbitrary orders from a president into new federal law. The administrative state has been on steroids since the early 1980s, as shown in the below chart:

Source: The George Washington University Regulatory Studies Center

Note: “Economically significant” rules are those estimated to have an economic effect of greater than $100 million. Imagine how many other federal rules of lesser impact have been written into law by the administrative state over the same time period.

In theory, proposed new federal rules and policies are open to public scrutiny under the Administrative Procedures Act, as briefly summarized here:

[The APA was] enacted in 1946, that stipulates the ways in which federal agencies may make and enforce regulations.

Agencies are extensions of the executive branch of government that have the ability to make, interpret, and enforce rules and regulations. Because they are unelected and arguably combine executive, legislative, and judicial functions, agencies have been criticized as undermining the separation of powers between the three branches of government.

The APA set out specific procedures to be followed when agencies make rules or enforce them (adjudication). Each of those processes could be formal or informal. Informal rule making required at a minimum that agencies publish the proposed rule and allow interested parties to respond (notice and comment). Formal rule making, which was less common, was quasi-legislative, requiring detailed hearings (rule making on the record). Most agency decisions are subject to judicial review.

That last sentence is particularly important, as administrative laws and regulations are subject to judicial review.

Sadly, the Republican Party has no apparent strategy to use the APA to expose federal regulations that average Americans would not support if made aware of them. For example, in 2011, Barack Obama signed EO (Executive Order) 13583, “Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce.” That EO formed the basis for implementing Marxist-inspired first unconscious bias training and now Critical Race Theory training throughout the Department of Defense. Does anyone seriously believe that implementing this Marxist claptrap in DoD – and indeed throughout the federal government – represents the “will of the people”? But the Republicans were AWOL in efforts to stop this malarkey and a LOT of other left-wing policies, rules, and regulations enacted by federal agencies during the Obama regime.

How about a national Republican strategy to combat The Hologram’s EOs and pronouncements by using the provisions of the Administrative Procedures Act? Some of the actions should include:

  • Demanding federal agencies hold public hearings before new rules and regulations are made law
  • A coordinated media campaign, including press releases and carefully planned press conferences, to inform and educate the public on proposed new rules
  • An orchestrated campaign by Republican voters and activists to demand action from their Democrat senators and congressmen in particular on specific items of interest
  • The carefully planned use of state and federal lawsuits to challenge rules and regulations that should be the purview of Congress

There are a lot of targets from which to pick! How about starting with anything having to do with The Hologram’s EO on “combating the climate crisis”? The regulatory actions of the US Department of Interior, US Department of Commerce, the EPA, and even the US Department of Agriculture related to the Democrats’ “Green New Deal” need to be carefully scrutinized, exposed, delayed, and defeated – through lawsuits under the APA if necessary.

Then, move on to the rest of the leftwing EOs, not the least of which is one The Hologram signed on his first day in office to end transgender discrimination – among other things. There is a lot of socialist/Communist malarkey that the Democrats are trying to force into law through administrative action that only a tiny minority of Americans support. Time for Republicans to fight back!

National Republican leadership on issues of great importance to Republican voters and all Americans? What a concept!

The end.

[H/T: Jack R]

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