Joe Biden 'violated the federal constitution' claims Levin
We use your sign-up to provide content in ways you’ve consented to and to improve our understanding of you. This may include adverts from us and 3rd parties based on our understanding. You can unsubscribe at any time. More info
On Tuesday, Joe Biden’s administration announced a new, targeted federal eviction ban, but this risks a potential clash with the Supreme Court. It was announced by the Centres for Disease Control and Prevention (CDC), but could face opposition at the Supreme Court, where one justice in late June warned the administration not to act further without explicit congressional approval. The legal dispute comes as the CDC’s authority to enforce such a policy is scrutinised – President Biden has previously been warned that a moratorium on evictions could be blocked by the courts.
Even after winning the presidency in November last year, many feared Mr Biden would face challenges to his power from the Republicans and also from within his own party.
But, as Ian Millhiser highlighted in his book ‘The Agenda: How a Republican Supreme Court Is Reshaping America’, the American courts system could provide another challenge to Mr Biden’s power.
Mr Millhiser explains in his book how numerous battles have taken place between federal agencies in the US and the Supreme Court over the power to regulate.
The Obama administration, for example, saw its Clean Power Plan struck down by the Supreme Court in 2016.
During Barack Obama’s tenure, the Republican Party had a strong grip on the American judiciary, Mr Millhiser explains.
With these examples in mind, the senior fellow at the Centre for American Progress argued that “it may be only a matter of time before the Court starts striking down Biden administration regulations.”
He added: “If the Supreme Court strips the government of much of its power to promulgate these regulations, it could effectively grind down the Biden presidency — not to mention dismantle much of American law.”
Congress in Washington regulates businesses in two main ways – through legislation that “commands” businesses to operate within certain rules, or provide a law that lays out a general federal policy but leaves the details of how to implement that policy up to a federal agency.
But Mr Millhiser highlights that many in the conservative legal movement in the US oppose this second method of regulation.
In fact, many of them have argued that delegating to federal agencies is contrary to the US constitution.
While there are also legal arguments in favour of delegating regulatory authority to federal agencies, Mr Millhiser highlights that the Republicans have a majority in the Supreme Court.
This means Mr Biden could see many of his programmes struck down should they go to legal dispute.
The expert said in an article for Vox in March that this means there is a “coming war” between President Biden and the Supreme Court.
Joe Biden ‘has a Europe problem’ bloc warned before EU and US row [INSIGHT]
Joe Biden’s fury over ‘card-carrying Republican’ Netanyahu [ANALYSIS]
Joe Biden to ‘step down’: ‘Too old to be President’ [INSIGHT]
In October last year, the US Senate confirmed Judge Amy Coney Barrett to the Supreme Court.
The Republicans were handed a majority of six to three in the top judicial body as a result.
Ms Barrett was favoured by conservative politicians in Washington because of her record on issues like abortion and gay marriage, both of which she opposed.
Mr Millhiser concluded in his Vox article: “President Biden will hardly be the first president to face lawsuits challenging his administration’s regulations. But he is likely to be the first president since Roosevelt to face a judiciary that’s so eager to rein in agency power.”
‘The Agenda:How a Republican Supreme Court is Reshaping America’ was published by Columbia Global Reports in 2021. It is available here.
Source: Read Full Article