Judicial Watch • Fed Appeals Court Rules Obama is “Flouting the Law”

Fed Appeals Court Rules Obama is “Flouting the Law”

Fed Appeals Court Rules Obama is “Flouting the Law”

AUGUST 14, 2013

A federal appellate court has blasted President Obama for using executive authority to ignore the law, a talent that the commander-in-chief has become well known for in many areas especially immigration.

This particular case involves a proposed nuclear waste dump in Yucca Mountain Nevada. President Obama and his pal, Nevada Senator Harry Reid, want to kill the project, which has already cost U.S. taxpayers an astounding $15 billion, according to various federal audits. So, Obama is using a federal agency with presidential appointees, the Nuclear Regulatory Commission (NRC), to nix the dump site.

As per the commander-in-chief, the NRC has declined to conduct the statutorily mandated Yucca Mountain licensing process. This essentially destroys the project, which the U.S. government has been working on since the early 1980s to be the nation’s sole repository for high-level nuclear waste. In 2010, the NRC, then led by Obama appointee Gregory Jaczko, ordered the licensing process terminated.

Whether you are for or against the Nevada nuclear waste project is irrelevant. The issue here is a strong-armed commander-in-chief abusing his power to disregard the law. This creates a dangerous precedent and clearly threatens the separation of powers that keep government in check with balance. A federal appellate court confirms in a 29-page ruling issued this week.

The administration “is simply flouting the law,” according to the U.S. Court of Appeals for the District of Columbia ruling, which made clear in its decision that the order to halt the Yucca Mountain licensing process is not supported by the law. “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,” the ruling says.  

President Obama received a similar spanking for his backdoor amnesty initiative from a different federal court just a few weeks ago. That case involves a lawsuit brought by 10 Immigration and Customs Enforcement (ICE) agents opposed to implementing Obama’s amnesty, known as Deferred Action for Childhood Arrivals (DACA).

Obama blew off Congress and issued DACA via executive order to allow illegal immigrants 30 and younger to remain in the U.S. and obtain work permits if they entered the country as children (“through no fault of their own,” as Homeland Security Secretary Janet Napolitano loves to say). A federal court in Texas, where the agents’ case was heard, ruled that the policy is “contrary to congressional mandate.”

 

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