May 30, 2025

Legitimate Scope Of Judicial Restraints On Presidential Power -- Trump Tariffs Edition

May 30, 2025/ Francis Menton

In my last post a couple of days ago (May 28), I was critical of the blizzard of injunctions issued by the courts against seemingly every policy change that President Trump seeks to implement. I went so far as to call this the “opposite of democracy.”
But I also noted that there are instances where judicial restraints on the executive are legitimate, most notably where the statute on which the President relies to implement a sweeping policy does not in fact grant him the authority he claims. Thus, on finding a lack of grant of authority in the statutes cited, the Supreme Court had reined in President Biden when he sought to implement policies forgiving student loans and banning fossil fuel power plants.
I ended that article by asking whether President Trump’s actions with regard to imposition of tariffs may fall into the same category of overreach as Biden’s student loan and power plant gambits. I also noted that multiple law suits had already been brought challenging the legal basis for the tariffs unilaterally imposed by the President.

April 17, 2025

New York Just Can't Catch A Break On The March To Climate Utopia

April 17, 2025/ Francis Menton

In June 2019, when New York passed its Climate Leadership and Community Protection Act (CLCPA), it all seemed so easy.
Back then, everyone knew that “renewables” were cheaper than fossil fuels for making electricity; it was only the nefarious machinations of evil oil and gas companies that stood in the way of an effortless energy transition. New York would assume the mantle of climate leadership to show everyone the way.
And even as recently as December 2022, New York’s path to energy utopia still seemed clear. That’s when the state issued what it called the Final Scoping Plan under the CLCPA, laying out the simple steps to achieve the goal. Just keep putting one foot in front of the other, and by 2030 we would have 70% of our electricity from renewables.
In the just over two years since then, things have fallen apart with remarkable speed.
Yesterday, Interior Secretary Doug Burgum ordered a halt to all construction work on a project called Empire Wind, an offshore wind project located about 20 miles South of Long Island and just East of New York City. This is close to a final stake through the heart of the energy transition program outlined in the Scoping Plan.

January 26, 2025

January 26, 2025/ Francis Menton

As discussed in my previous post, one of President Trump’s first-day Executive Orders — the one entitled “Unleashing American Energy” — directed a reconsideration of EPA’s so-called “Endangerment Finding” (EF) of 2009. The EF is the EPA regulatory action where it claimed to determine that CO2 and other “greenhouse gases” qualify as “pollutants” under the Clean Air Act because they are a “danger to public health and welfare.” President Trump’s January 20 EO directs that EPA, within 30 days, submit “recommendations to the Director of OMB on the legality and continuing applicability of the Administrator’s findings.”
Since the EF is the foundation underlying all the Biden-era regulations restricting and suppressing fossil fuels, you can be sure that any attempt to eliminate it will be met with a full-bore litigation attack from the forces of the crazy left.
Can the EF really be rescinded in a way that will stand up to these attacks?
Absolutely, it can.

January 22, 2025

January 22, 2025/ Francis Menton

The first couple of days of the new Trump administration have seen the President sign a blizzard of Executive Orders. These provide more material than a humble solo blogger like myself can ever comment on comprehensively.
So I’ll just have to start with one particular item that I am deeply familiar with: the EPA’s so-called Endangerment Finding of December 2009.
I have seen differing counts of the number of Trump’s first-day EOs. ABC News here counts 42.
One of the most consequential has the title “Unleashing American Energy.” There is a large amount of important material in this EO. In overall summary, it directs the reversal of all of the Biden administration efforts to restrict and suppress the production and development of America’s energy resources.
But one provision, I would argue, is important above all the rest. That is Section 6(f), which directs a reconsideration of the so-called Endangerment Finding (EF) of December 2009.

December 04, 2024

December 04, 2024/ Francis Menton

Today has been a good day for the incipient unraveling of a couple of major categories of the fake “consensus” orthodox science that have plagued us for the past few years.
One such category is transgenderism, where activists seek the provision of “gender affirming care” to any young person claiming to suffer from “gender dysphoria.” This morning the Supreme Court heard oral argument in a case called United States v. Skrmetti, where the Court is asked to rule that Tennessee’s ban on puberty blockers and hormone therapy for teens claiming to be “transgender” violates their constitutional rights.
A second such category is the Coronavirus pandemic, including its origins and what policies were appropriate to address it. On that subject, also today, the House Select Subcommittee on the Coronavirus Pandemic issued its rather damning Report titled “The Lessons Learned and a Path Forward.”

November 24, 2024

November 24, 2024/ Francis Menton

Just when you think that things might be about to turn around with regard to the explosion of unbelievably stupid laws and regulations to harass and annoy the people, along comes another one that’s stupid enough to top them all.
This one has sprung up seemingly out of nowhere in the past few weeks, in notices that have gone out among the New York co-op and condo communities. But the law’s application is far broader than just these communities. I suspect that many readers have received such notices in many diverse contexts.
The law in question is a federal statute called the Corporate Transparency Act.