The Biden administration is no stranger to throwing the Constitution out the window. But it’s starting to catch up to him.
Because a federal judge just brought Biden’s agenda to a screeching halt in this landmark ruling.
Joe Biden and his Democrat pals are hard at work making sure this country is unrecognizable from when they took over.
Recently he announced that he will change absolutely nothing about his policies in the wake of the midterm elections.
Biden has promised to work harder to ban law-abiding Americans from owning so-called “assault weapons.”
He even said he will run again even though a vast majority of voters don’t want him to.
But his entire agenda just slammed on the brakes thanks to a federal judge appointed by former President Donald Trump.
Judge Mark T. Pittman decided on Thursday that “no one can plausibly deny that it was either one of the largest delegations of legislative power to the executive branch, or one of the largest exercises of legislative power without congressional authority in US history.”
The judge emphasized three major reasons why the ruling was so terrible.
The first, according to Pittman, is that the law referenced by the Department of Education to justify the bailout — the HEROES Act — does not specifically state that it can be applied to student loans.
Pittman wrote, “the HEROES Act does not mention loan forgiveness. If Congress provided clear congressional authorization for $400 billion in student loan forgiveness via the HEROES Act, it would have mentioned loan forgiveness.”
According to the court’s decision in West Virginia v. EPA, Congress must issue clear commands to agencies. They do not have the authority to go beyond what Congress has stated merely because they believe it would benefit the country.
The second reason is that the Biden administration tried to justify the bailout by mentioning COVID, but failed to explain why canceling student debt was critical for resolving hardship caused by the pandemic.
On this point, Pittman even used Biden’s own remarks against him.
“The COVID-19 pandemic was declared a national emergency almost three years ago and declared weeks before the Program by the President as ‘over,’” the judge observed. “Thus, it is unclear if COVID-19 is still a ‘national emergency’ under the Act.”
Third, Pittman stated that the Biden administration has indicated that it may not have proper power in this case.
“‘The agency’s past interpretations of the relevant statute’ is another clue that the Secretary lacks clear congressional authorization for the Program,” Pittman argued.
Consider this: the Biden administration established this program despite the Supreme Court specifically stating in West Virginia that federal agencies cannot go beyond what Congress has directed them to do.
In June, the Supreme Court issued a straightforward decision. So, what happens next for the self-proclaimed Defenders of Democracy? Did the party of standards and decency follow the law?
It does not appear so. It moved ahead and gave its base what it desired – a freebie. As a result, polls reveal that young leftist voters rewarded them en masse.
However, millions of gender degree graduates and undersea basket weavers may not receive those tax monies because the Biden administration stated that the program would be terminated.
As previously reported, the Biden administration is already in the process of appealing this ruling. It could very likely end up at the High Court, where it will almost certainly lose decisively – as Pittman predicted.
For some reason, every single legacy media organization emphasizes Pittman’s appointment as a judge by President Donald J. Trump, as if this should taint his decision.
Nonetheless, his sound argument is dismissed by his detractors.
“In this country, we are not ruled by an all-powerful executive with a pen and a phone,” Pittman concluded, echoing Obama’s famous remark. “Instead, we are ruled by a Constitution that provides for three distinct and independent branches of government.”
He went on to say that maintaining those checks and balances is essential for the United States to exist – regardless of the situation.
“The Court is not blind to the current political division in our country,” Pittman said. “But it is fundamental to the survival of our Republic that the separation of powers as outlined in our Constitution be preserved.”
So not all is lost. Some people in positions of power still believe in the Constitution.
Stay tuned to DC Daily Journal.
