WSJ OP-ED: Biden’s Agencies Keep Violating the Law and Losing in Court: the List

By The WSJ Editorial Board

President Biden considers himself a law-abiding fellow. But when it comes to living within the law as established by Congress, his Administration is the most lawless in long memory. His regulators keep rewriting laws as they see fit, and the result is that they keep losing in court in humiliating fashion.

As a public service, and to illustrate the breadth of the law-breaking, we’re providing a summary of the legal defeats across five of the most lawless agencies. Clip and save in case Donald Trump or Kamala Harris retain anyone running these agencies.

Federal Communications Commission

• Net neutrality rule. The FCC tried to classify broadband providers as common carriers under Title II of the Communications Act of 1934. The Sixth Circuit Court of Appealsblocked it in August, citing the Supreme Court’s major questions doctrine, which holds that regulators need express direction from Congress on consequential rules.

• National Association of Broadcasters v. FCC. In 2022 the D.C. Circuitvacatedpart of a 2021 FCC rule requiring broadcasters to verify the sponsors of programs by checking two federal sources.

Department of Education

• Student loans. The Supreme Court ruled 6-3 in 2023 (Biden v. Nebraska) that Mr. Biden’s plan to forgive $400 billion in student loans usurped Congress’s power of the purse. Mr. Biden then boasted that the Court couldn’t stop him and came up with the SAVE plan, which caps payments at 5% of discretionary income and forgives balances after 10-20 years. The Eighth Circuit recently put that plan on hold with a nationwide injunction.

• Title IX. Six federal judges this year have blocked a new Title IX nondiscrimination rule from going into effect in 26 states. “The new rule contravenes the plain text of Title IX by redefining ‘sex’ to include gender identity, violates government employees’ First Amendment rights, and is the result of arbitrary and capricious rulemaking,” wrote Judge Danny Reeves.

Full list over at The WSJ:

All the President’s Legal Defeats https://t.co/I9JoBBE1tB

— Senator John Cornyn (@JohnCornyn) September 13, 2024