Tuesday, March 19, 2019

The Fish Rots From The Head


Or so they say:

Reporting on a database compiled by the Institute for Policy Integrity at the New York University School of Law, the [Washington] Post reports that “the normal ‘win rate’ for administration officials to get new policies implemented with court approval is 70 percent. Under Trump, it has fallen to an almost non-existent 6 percent.
....

“In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance, including providing legitimate explanations for shifts in policy, supported by facts and, where required, public input,” the Post reports, adding, “The rulings so far paint a remarkable portrait of a government rushing to implement sweeping changes in policy without regard for longstanding rules against arbitrary and capricious behavior.

While pointing out that many of the losses are under appeal, the report notes that there seems to be little interest at times in actually succeeding on policies that appear to have been done for show.

According to Seth Jaffe, a Boston-based lawyer who represents large corporations looking to undercut environmental laws, “This administration has given regulatory reform a bad name.”

The attorney accused some policymakers in the administration of putting ideology way before governance — which is why they are going down to defeat at a record pace.

“It’s not just that they’re losing. But they’re being so nuts about it,” Jaffe lamented.

Matthew Collette, the former deputy director of the Justice Department’s Civil Division appellate staff who served for over 30 years, admitted the rate of losses is unprecedented, remarking. “I don’t think there’s any doubt about that.”

In a case over the Trump’ administrations plan to end some $200 million in Health and Human Services grants to 81 teen-pregnancy-prevention programs, one judges was incredulous at the government argument for pulling the plug.

“During a hearing in Washington last April, U.S. District Judge Ketanji Brown Jackson expressed incredulity about the manner in which the agency had acted,” the Post reports. “Can an agency suddenly say ‘too bad, so sad,’ Jackson asked a lawyer for the government, and cut off money without cause? When the lawyer answered yes, the judge called the situation ‘weird’ and ordered the grants restored.”

Gross incompetence makes Trump our man on their side!  For the win!  (or at least delay of game until time runs out)

No comments:

Post a Comment