Two Humiliating New Judicial Defeats for Obama Administration, in Remarkably Harsh Language
Of course, common sense and faithful execution of the nation’s laws have never been the Obama Administration’s North Star.
|I'M THE PRESIDENT, … WHY CAN'T I DO WHAT I WANT? THAT'S NOT FAIR!|
|--- Barack Obama|
“This case has serious implications for our constitutional structure. It is no overstatement to say that our constitutional system of separation of powers would be significantly altered if we were to allow executive and independent agencies to disregard federal law in the manner asserted in this case by the Nuclear Regulatory Commission. Our decision today rests on the constitutional authority of Congress, and the respect that the Executive and the Judiciary properly owe to Congress in the circumstances here.”
“The story of the present action has been that of a theory in search of facts to support it. But there are simply no facts here to support a theory of disparate impact resulting from any identified, specific practice of the Defendant. "Indeed, any rational employer in the United States should pause to consider the implications of actions of this nature, brought based upon such inadequate data. By bringing actions of this nature, the EEOC has placed many employers in the ‘Hobson’s choice’ of ignoring criminal history and credit background, thus exposing themselves to potential liability for criminal and fraudulent acts committed by employees, on the one hand, or incurring the wrath of the EEOC for having utilized information deemed fundamental by most employers. Something more, far more, than what is relied upon by the EEOC in this case must be utilized to justify a disparate impact claim based upon criminal history and credit checks. To require less would be to condemn the use of common sense, and this is simply not what the discrimination laws of this country require.”
Of course, common sense and faithful execution of the nation’s laws have never been the Obama Administration’s North Star. From illegal “recess” appointments to Environmental Protection Agency overreach to ObamaCare revisions contrary to the law itself, this is an administration that considers itself above the law.