Category Archives: Law
Apparently Sally Yates is just another protester resisting the Trump presidency. Except that she’s the Acting Attorney General. Or was. President Trump fired her when she refused to carry out his immigration law revisions.
Sally Yates Profile
Senator Chuck Schumer immediately tried to compare the firing to Nixon’s Saturday night massacre. The wily crying senator even worked in a Kennedy allusion, calling Yates “a profile in courage”. Harvard Law professor Alan Dershowitz was having none of it. He said, “Yates was an Obama holdover who made a serious mistake by making a political decision rather than a legal one.”
Carl M. Cannon in Real Clear Politics says Yates is more a “profile in partisanship.” He says that Yates “shouldn’t still be in that job at the Department of Justice. Jeff Sessions should be, and Chuck Schumer is the reason he’s not.”
Washington Post blogger Ezra Klein, a supporter of ObamaCare, called the launch a big failure.
And Forbes says, “ObamaCare’s website is crashing because it doesn’t want you to know how costly its plans are.”
ObamaCare Failure to Launch
Even Robert Gibbs wants people fired
The transition hasn’t been all that peaceful according to Piers Morgan. Instead Obama pitched a presidential “temper tantrum”. Morgan says, Barack “hates Donald and everything he stands for.”:
Since the election, as the New York Times reported, he’s banned oil drilling off the Atlantic coast, named over 100 people to a range of senior government jobs, created new environmental monuments, commuted the sentences of 232 inmates and pardoned 78 others, protected funding for Planned Parenthood clinics, ordered the transfer of detainees from Guantanamo Bay and blocked new Israeli settlements.
President Obama banned oil drilling in parts of the Atlantic and Arctic Oceans. His proclamation is permanent and irreversible. The president says he derives this power from the Continental Outer Shelf Land Act.
He commanded the planet to heal and the oceans to slow their rise eight years ago. So this would seem a minor extension of his mandate.
But not everyone agrees he has the power to enforce his will on future presidents and Congresses. Here’s Kevin Williamson in National Review:
Legally speaking this is, as Professor Patrick Parenteau of Vermont Law School wryly put it, “uncharted waters.”
Awesome Beautiful Presidential Power
David Harsanyi in The Federalist agrees the president can’t have have his way with those who come after him. But he fears that future presidents may not want to overturn Obama’s will. So much the better to expand their own awesome beautiful presidential power:
So Republicans could likely overturn this diktat as they can the rest of Obama’s rickety legacy, predominately built on circumventing the law-making branch of the United States government. The problem is that Trump (and anyone else who comes along) has little reason not to adopt Obama’s unprecedented use of the executive power.
During Harry Reid’s tenure as Senate Majority Leader he didn’t get President Obama’s nominees approved at a pace to his liking. Democrats had a simple majority but not the 60 votes needed to overcome a filibuster. So Harry invoked the “nuclear option”. Which is to say he changed the rules. Now, under the new Senate rules, only a simple majority of 51 votes is required to approve most presidential nominees. Supreme Court appointments not included.
Until the November 8 shocker, the Majority Leader had expected Hillary Clinton to win the presidency. In October he bragged that he had set the table for easy approval of future Supreme Court nominees too. And so he had.
But what he didn’t count on was a Republican president and 52 Republican senators.
Now, as Harry Reid retires to his own personal nuclear winter, he leaves his colleagues glowing in the dark.