by Craig Masters
In the state where card games are big money, two Nevada judges have called a spade a spade in ruling that Obama does not have the Constitutional authority to change law to suit his political agenda. This ruling could mark the beginning of a flood of rulings that will reverse administration imposed laws and re-establish the Separation of Powers clause of the Constitution.
Tuesday, August 12, a federal appeals court in Nevada ruled the Nuclear Regulatory Commission (NRC) violated the law in following orders by the Obama administration to shut down the Yucca Mountain nuclear waste disposal site. The majority opinion of the three judge panel stated that the NRC was “simply flouting the law.”
The majority ruling of Judges A. Raymond Randolph and Brett M. Kavanaugh directly addressed the practice of the Obama administration to pick and choose which laws to enforce, which to ignore and which to change to be in line with the ideology of the president.
In the written opinion of the majority Judge Kavanaugh stated, “The president may not decline to follow a statutory mandate or prohibition simply because of policy objections.” He then continued, “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… …”
The Yucca project was simply abandoned under orders by the Obama administration. It is reported in local Nevada papers that the closure came after bargaining between Obama officials and democrat Senator Harry Reid. Nevada is the home state of the administration’s strong arm senate majority leader who’s corruption became legendary when a property he owned just across the Nevada / Arizona border became much more valuable after the announcement of the location of a highway and a bridge. The bridge, near Bullhaed City, Az, is categorized as one of the infamous bridges to nowhere in discussions about federal pork spending.
Chief Judge Merrick B. Garland dissented in the case.
Tags: August, authority, border, Bullhaed City, change, Chief Judge, Chief Judge Merrick, Craig, Judge Kavanaugh, law, mandate, Nevada, Nevada Arizona, NRC, Nuclear Regulatory Commission, Obama, opinion, state, Tuesday, Yucca Mountain
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