Smack Down: Court Demands Obama Administration Follow The Law

Published on August 15, 2013

According to one federal judge, the president is not allowed to do whatever  he wants.

The D.C. Circuit Court of Appeals ruled Tuesday that the federal Nuclear  Regulatory Commission cannot delay its decision on whether or not to license a  nuclear waste storage facility project at Yucca Mountain in Nevada.

The Department of Energy submitted an application to store nuclear waste at  Yucca Mountain to the NRC in June 2008.  The NRC is statutorily required to  issue a decision on the license within three years, but has not done so over  five years later.

Instead the NRC has “simply shut down its review and consideration” of the  Energy Department’s pending license, according to the decision, amid the Obama  administration’s hopes to abandon the project entirely, but the federal court  sharply rebuked the President for instructing his administration not  to follow the law.

Judge Brett Kavanaugh wrote that “the President must follow statutory  mandates so long as there is appropriated money available and the President has  no constitutional objection to the statute…[b]ut the President may not decline  to follow a statutory mandate or prohibition simply because of policy  objections.”

The stinging condemnation may speak to other laws the current administration  has failed to act upon in light of accusation that only laws — or parts of laws  — the president finds politically palatable have been implemented.

Read More