The Biden administration has abandoned the legally mandated rulemaking process to establish its preferred policies through closed-door settlements with political allies.
Barrett’s authored opinions give no reason to believe she automatically accepts or rejects a government agency’s interpretation of the law.
The bottom line is that only an act of Congress can remove the discretionary authority of the executive branch to enforce immigration law.
This entire episode, and many more, should cause us to rethink certain legal principles related to federal employees that have governed us for decades.
Executive agencies are on notice that it’s no longer ‘anything goes’ when they rewrite their own rules, that judges will hold their feet to the statutory fire.
Texas is involved in suits against the federal government about abortion clinic regulations, immigration, and now school bathrooms. And that’s not all.
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