D.C. Circuit Court of Appeals Issues Writ of Mandamus Against Obama Administration and the Mainstream Press Literally Ignores It

What is a Writ of Mandamus? ” It is an order from a court to an inferior government official ordering that government official to properly fulfill their official duties or correct an abuse of discretion.”

Just last week, the D.C. Circuit Court of Appeals issued such a writ and the only new organization that reported on it was the Wall Street Journal.

Here’s a screenshot of a Google news search.

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Had this been a Republican administration, the press would have said this “decision shows the lawlessness of this President” or something similar.  Not only would they have said it, they would have repeated it and repeated it over and over.

In essence, despite being required by Congress  to get the Yucca Mountain nuclear waste dump up and operating, the Obama administration through the Nuclear Regulatory Commission has dragged its heels in issuing permits, thus, not carrying out the law.

Here is what the Wall Street Journal wrote:

Mr. Obama promised to kill Yucca as a candidate and the Energy Department tried to yank the license application after his election. But an NRC safety board made up of administrative judges ruled unanimously that this was illegal unless Congress passed a law authorizing it. Mr. Obama then teamed up with Senate Majority Leader Harry Reid of Nevada to stack the NRC with anti-Yucca appointees.

Although Congress appropriated money to conduct the review, the NRC flat-out refused, in violation of the three-year statutory deadline. “By its own admission, the Commission has no current intention of complying with the law,” writes Judge Kavanaugh, despite a 2011 ruling from a separate D.C. Circuit panel instructing the NRC to follow through. The ruling also invited Congress “to clarify this issue if it wished to do so.”

Congress did not amend the 1983 statute. “As things stand, therefore, the Commission is simply flouting the law,” Judge Kavanaugh continues. “In light of the constitutional respect owed to Congress, and having fully exhausted the alternatives available to us,” the court had no option other than the mandamus writ.

So ponder that one: A federal court is stating, overtly, that federal regulators are behaving as if they are a law unto themselves. Judge A. Raymond Randolph notes in a concurrence that former NRC Chairman Gregory Jaczko, who has since resigned, “orchestrated a systematic campaign of noncompliance.” If Mr. Jaczko worked on Wall Street he’d be indicted.

Judge Kavanaugh then offers some remedial legal education in “basic constitutional principles” for the President who used to be a constitutional law professor. Under Article II and Supreme Court precedents, the President must enforce mandates when Congress appropriates money, as well as abide by prohibitions. If he objects on constitutional grounds, he may decline to enforce a statute until the case is adjudicated in the courts. “But the President may not decline to follow a statutory mandate or prohibition simply because of policy objections,” writes the court.  Read more….

In essence, in this case and many others, this President disregards the law, as if he is above, as if he were graced with divine right or he simply has been educated thoroughly in the dictatorial governance of communist regimes.

Either way, this is a major occurrence, a massive incidence of abuse of power.  After the NSA revelations, the IRS targeting of Tea Party groups, the suspension of the law as applied to immigration, the massive waivers given to friend of Obama in relationship to Obamacare, one would think the press might see pattern of abuse of power by this administration.

Unfortunately, they see the abuse, but they are fine with it since it is a means to their political ends.  This is not a Republic anymore, as the rule of law is being replace the whims of a Marxist inspired ideology.

 

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