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Wednesday, August 14, 2013

The Laws Be Faithfully Executed


For John, BLUFPresidents, and not just the current President, are getting sloppy re enforcing the laws.  Nothing to see here; just move along.



Early this morning Blogger and Law Professor Ann Althouse provided a link to this item from the Associated Press, at ABC News.  The Althouse post title is "The D.C. Circuit Court rebukes Obama over Yucca Mountain."  You can go there and see the comments, which are sometimes insightful.  From the article:
In a rebuke to the Obama administration, a federal appeals court ruled Tuesday that the Nuclear Regulatory Commission has been violating federal law by delaying a decision on a proposed nuclear waste dump in Nevada.

By a 2-1 vote, the U.S. Court of Appeals for the District of Columbia ordered the commission to complete the licensing process and approve or reject the Energy Department's application for a never-completed waste storage site at Nevada's Yucca Mountain.

In a sharply worded opinion, the court said the nuclear agency was "simply flouting the law" when it allowed the Obama administration to continue plans to close the proposed waste site 90 miles northwest of Las Vegas.  The action goes against a federal law designating Yucca Mountain as the nation's nuclear waste repository.

As I noted, the comments can be informative.  The top one asks the Andrew Jackson question.  President Jackson is supposed to have said, about a US Supreme Court decision, "John Marshall has made his decision; now let him enforce it!".

On the other hand, the US Constitution, concerning the President, states (Article II, Section 3, Clause 5):

he shall take Care that the Laws be faithfully executed
And, of course, Yucca Flats is in Nevada, and Harry Reid, Senate Majority Leader, is from Nevada.  How does that play?

Regards  —  Cliff

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