Longer answer: National emergencies are perfectly reasonable to the SCOTUS when declared by a Republican but ridiculous overreach when done by a Democrat and the SCOTUS will use any opportunity to neuter the power of the federal government where a Democrat is in charge.
“So why don’t they just try anyway?” you might ask. And the answer there is that the SCOTUS can do more than just say “you can’t do that one thing anymore.” They can use it as an excuse to block 100 other things that were either flying under the radar or were being challenged one-by-one previously and tied up in appeals.
Biden tried to regulate CO2 through the EPA. The Supreme Court not only said he couldn’t do that, but they concocted a brand new standard called the “Major Questions Doctrine” that basically says government agencies aren’t allowed to implement any significant new regulations unless Congress explicitly authorizes them. And now all those under-the-radar regulations are falling like dominoes in the district courts with no path for appeal.
Short answer: the Supreme Court
Longer answer: National emergencies are perfectly reasonable to the SCOTUS when declared by a Republican but ridiculous overreach when done by a Democrat and the SCOTUS will use any opportunity to neuter the power of the federal government where a Democrat is in charge.
“So why don’t they just try anyway?” you might ask. And the answer there is that the SCOTUS can do more than just say “you can’t do that one thing anymore.” They can use it as an excuse to block 100 other things that were either flying under the radar or were being challenged one-by-one previously and tied up in appeals.
Biden tried to regulate CO2 through the EPA. The Supreme Court not only said he couldn’t do that, but they concocted a brand new standard called the “Major Questions Doctrine” that basically says government agencies aren’t allowed to implement any significant new regulations unless Congress explicitly authorizes them. And now all those under-the-radar regulations are falling like dominoes in the district courts with no path for appeal.
The judiciary relies on the executive to enforce its rulings.