Politics

Goldberg: Everyone else is picking up the slack as Congress neglects its duty

Published

12 months ago

January 29, 2024

Goldberg: Everyone else is picking up the slack as Congress neglects its duty

The Supreme Court heard oral arguments last week in a case about fishing boats, and it could spell the end of government as we know it. I hope it does.

The legal questions may not be all that fascinating. What is fascinating, however, is how the legal issues help explain why our government and our politics are so dysfunctional.

First, the facts of the case: In 2020, the National Marine Fisheries Service issued a new requirement to prevent overfishing. Federal inspectors would be placed on commercial fishing boats to ensure that no one exceeded their quotas. Fair enough. But the government said that the companies would have to pay for the monitors, to the tune of $700 per day. Loper Bright Enterprises, a New Jersey commercial fishing company, sued, arguing that Congress never intended any such thing when it wrote the relevant law some 44 years ago.

The question before the Supreme Court, posed in Loper Bright Enterprises vs. Raimondo and a companion case, Relentless vs. Department of Commerce, is whether regulatory agencies can make up rules Congress may never have intended. Under a doctrine called “Chevron deference,” the answer since 1984 has been “yes” — if the agency’s interpretation is reasonable.

If you want to score all of this as a right versus left thing, your scorecard is going to get messy. That’s because conservative justices, including the late Antonin Scalia, once championed Chevron deference. Now, liberals lead the fight in favor of giving the executive branch leeway, warning that overturning Chevron could lead to judicial activism. “Agencies know things that courts do not,” Justice Elena Kagan said during oral arguments, “and that’s the basis of Chevron.” Chevron is a “doctrine of humility,” she added. The Center for American Progress, a liberal think tank, calls the effort to overturn Chevron a “judicial power grab.”

I think there are good arguments on both sides. Obviously, courts should defer in some circumstances to experts at, say, the Nuclear Regulatory Commission or the Food and Drug Administration, particularly on highly technical areas outside the expertise of judges.

On the other hand, there are times when regulators might exceed their authority under the law or Constitution, and judges have every right and obligation to step in. I suspect that if Donald Trump becomes president and fills regulatory agencies with MAGA zealots, many liberals worrying about a “judicial power grab” will be begging the courts to intervene.

And bear in mind, in 2005, the court, with a majority opinion by Justice Clarence Thomas, ruled in National Cable & Telecommunications Assn. vs. Brand X Internet Services that not only should courts defer to the experts, but every new administration also gets a free hand at changing what passes for expert opinion every four or eight years. In other words, all of the talk of “following the science” sounds great until new political appointees get to decide what the science says.

This gets to the part that I find fascinating. The question of whether the judicial or the executive branches should be the final word on regulatory policies misses the elephant in the room: Congress should be the first word.

If Congress wants to pass a law requiring fishermen to pay for monitors on fishing boats it can. Likewise, it can pass laws to forgive student debt, legalize marijuana, clarify free-speech issues for social media, provide amnesty for illegal immigrants, build a border wall, and a thousand other things.

But it doesn’t.

Instead, Congress does one of three things: 1) Nothing at all 2) Write deliberately vague legislation punting hard decisions to Cabinet secretaries and administrators or 3) Lobby the executive branch to do things Congress is too cowardly to do itself.

Some of those things take the form of unconstitutional executive orders. In short, the real problem is that the courts and the executive branch are stuck crafting public policy because Congress has sidelined itself.

It’s difficult to exaggerate how much this has distorted our politics. Congress is the most democratic branch of government, which is why the founders invested it with the most power. It’s where political disagreements are supposed to be hammered out. But by absolving itself of that responsibility, we’ve turned presidential elections into de facto parliamentary elections in which one party gets to make law through regulatory fiat. This in turn has invited courts to overstep their traditional role because legislative vagueness has become a central feature, not a failing, of lawmaking.

The Supreme Court probably can’t make Congress do its job, but until Congress takes itself seriously, courts and bureaucrats will continue to get stuck with problems that aren’t their job to fix.

@JonahDispatch

Politics

Who Is Coming to the Inauguration — and Who Isn’t

Published

7 hours ago

January 19, 2025

Press Room

Who Is Coming to the Inauguration — and Who Isn’t

Three of the richest men in the world, foreign dignitaries, tech and business executives, former presidents and an assortment of performers and other celebrities are on the guest list for President-elect Donald J. Trump’s inauguration on Monday, even as much of the midday ceremony has been moved indoors amid forecasts of extreme cold.

It is unclear what impact, if any, the relocation of Mr. Trump’s second swearing-in ceremony into the Capitol Rotunda will have on the seating arrangements. Unlike the outdoor venue, the Capitol Rotunda only seats about 600 people.

Four years ago, Mr. Trump skipped President Biden’s inauguration in a snub to his political rival. Every living former president is set to witness his return to power, but some prominent Democrats are opting out.

Here’s the list of those who are planning to attend the inauguration, and notable no-shows.

Going

Billionaires, businessmen and tech executives

Elon Musk, Mark Zuckerberg and Jeff Bezos, three of the world’s wealthiest men, were reported to be among the major tech executives who would sit in a position of honor on the dais at Mr. Trump’s inauguration — before the event was moved indoors. Tim Cook, the chief executive of Apple, and Shou Chew, the chief executive of the imperiled social media app TikTok, had also been invited to sit on the dais.

Seating for other high-dollar donors from the business world was already highly competitive even before the last-minute move indoors. Some offered donations to Mr. Trump’s inaugural committee as high as $1 million without receiving any access to the inauguration or accompanying receptions in return.

World leaders

China’s vice president, Han Zheng, will attend the inauguration on behalf of Xi Jinping, whom Mr. Trump had invited to the inauguration.

Unlike at the inaugurations of President Biden and former President Barack Obama, a number of other world leaders will be in attendance. Many of them share Mr. Trump’s ideology and policy preferences.

From Latin America, Javier Milei, the right-wing populist president of Argentina, is reportedly planning to make an appearance. Jair Bolsonaro, the former president of Brazil and another right-wing populist, had intended to attend, but his passport was previously seized by federal police in Brazil and his request to a Brazilian Supreme Court justice to make the trip was denied.

From Europe, Giorgia Meloni, the right-wing prime minister of Italy, affirmed that she planned to attend. The press secretary of Viktor Orban, the prime minister of Hungary who has a friendly rapport with Mr. Trump, told a Hungarian media outlet that the prime minister had received an invitation but would not be attending.

Three representatives from key U.S. allies in the Asia-Pacific region will also be attending: S. Jaishankar, the external affairs minister for India; Penny Wong, the foreign minister of Australia; and Takeshi Iwaya, the foreign minister of Japan.

Trump’s presidential predecessors

Mr. Obama, George W. Bush and Bill Clinton will all attend Mr. Trump’s inauguration — as they did his first inauguration, eight years ago. They will not, however, attend a traditional lunch with the president-elect on that day, according to NBC News.

Former Vice President Mike Pence is also planning to attend the inauguration, according to two people with knowledge of the planning. He received an invitation, as is the custom for all former presidents and vice presidents.

Celebrity invitees

Carrie Underwood will sing “America the Beautiful” at Mr. Trump’s inauguration, according to a program of events. Victor Willis, the last surviving founding member of the Village People — whose music Mr. Trump frequently plays at this political rallies — announced on Facebook on Monday that the group had accepted an invitation to participate in Mr. Trump’s inaugural activities.

NBC News also reported that several athletes and musicians would be in attendance: They include Antonio Brown, the football player; Mike Tyson, the boxer; Jorge Masvidal, the martial arts fighter; and Evander Kane, the hockey player. The musicians Anuel AA, Justin Quiles, Rod Wave, Kodak Black and Fivio Foreign will also attend, NBC said.

Not Going

Michelle Obama

Mr. Obama is scheduled to attend, but Michelle Obama, the former first lady, will not. A statement from Mrs. Obama’s office did not specify a reason for the scheduled absence but noted that she had not attended another event this month: She did not accompany her husband to the funeral of former President Jimmy Carter, which every other living former president and first lady attended.

Nancy Pelosi

Representative Nancy Pelosi, the former speaker of the House and a chief antagonist of Mr. Trump during his first term in office, will also skip the inauguration. Ms. Pelosi, 84, is still recovering from a hip replacement after falling while on an official trip to Luxembourg, but she has been attending votes in the House. A spokesman would not specify why she would not attend, but there is long-running acrimony between Mr. Trump and Ms. Pelosi.

A number of House Democrats are also skipping the inauguration

Democratic members of Congress who have announced or told reporters of their plans to skip the inauguration include: Representative Adam Smith of Washington, Representative Judy Chu of California, Representative Delia Ramirez of Illinois, Representative Donald S. Beyer Jr. of Virginia, Representative Steve Cohen of Tennessee, Representative Jasmine Crockett of Texas, Representative Ilhan Omar of Minnesota and Representative Veronica Escobar of Texas.

Politics

Trump wants to visit China again after he takes office: report

Published

7 hours ago

January 18, 2025

Press Room

Trump wants to visit China again after he takes office: report

President-elect Trump is discussing the possibility of visiting China again as president with aides, according to a report.

The incoming president, who takes office on Monday, visited Beijing during his first term in 2017, and spoke to Chinese President Xi Jinping over the phone on Friday.

Trump has been threatening China with tariffs but has told advisers that he wants to strengthen ties with the communist country with the visit, possibly even traveling there within his first 100 days in office, the Wall Street Journal reported, citing sources familiar with the matter.

“I just spoke to Chairman Xi Jinping of China. The call was a very good one for both China and the U.S.A.,” Trump wrote on Friday on Truth Social. “It is my expectation that we will solve many problems together, and starting immediately. We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!”

HOUSE DEMS THREATEN TO BLOCK TRUMP’S BIG TARIFF PLANS: ‘UNACCEPTABLE’

President-elect Trump is discussing the possibility of visiting China again as president with aides, according to WSJ report. (Qilai Shen/Bloomberg via Getty Images)

He didn’t say if they had spoken about a visit.

Fox News Digital has reached out to the Trump transition team for comment.

It is also possible Xi could come to the White House for a visit, the Journal reported.

TRUMP LEAVES CHINA GUESSING WHAT HIS NEXT MOVE IS WITH UNUSUAL INAUGURATION INVITATION

Then-President Trump shakes hands with Chinese President Xi Jinping at the Great Hall of the People in Beijing, China, Nov. 9, 2017. (Qilai Shen/Bloomberg via Getty Images)

Xi also met with Trump at Mar-a-Lago in Florida in 2017.

Xi was invited to Trump’s Monday inauguration – no senior Chinese official has ever attended a U.S. presidential inauguration – but Chinese Vice President Han Zheng will be attending instead, in a first.

Trump and Xi plan to establish a strategic communication channel, China said of their Friday phone call, adding that Trump said he was “looking forward to meeting with President Xi as soon as possible.”

Chinese Vice President Han Zheng will attend Trump’s inauguration. ( Lionel Ng/Bloomberg via Getty Images)

Trump has also mentioned the possibility of going to India to aides, the Journal reported.

Politics

Trump expected to survey Los Angeles-area wildfire damage next week

Published

8 hours ago

January 18, 2025

Press Room

Trump expected to survey Los Angeles-area wildfire damage next week

WASHINGTON — President-elect Donald Trump will likely visit the Los Angeles area next week to view the wildfire damage, he said on Saturday. The trip is expected to be his first outside the nation’s capital after being inaugurated Monday.

“I will be, probably, at the end of the week. I was going to go, actually yesterday, but I thought it would be better if I went as president,” Trump told NBC’s Kristen Welker in a phone interview. “It’s a little bit more appropriate, I suspect.”

Representatives for Trump did not respond to requests for comment on Saturday.

At least 27 people have died and more than 12,000 structures have been destroyed during the catastrophic fires in Pacific Palisades, Altadena and surrounding communities. Asked whether he would sign disaster relief for the region after being inaugurated, Trump said his response will be conditioned to demand policy changes in California.

“We’re going to be [looking] at it from a lot of standpoints,” he said. “We’re going to be demanding that the water be released from the north into the lower parts of California.”

Asked whether he has spoken with Gov. Gavin Newsom, who Trump has called on to resign over his wildfire response, the president-elect said he had not.

Newsom’s office invited Trump to view the devastation last week.

The governor’s office said that the president-elect’s transition team acknowledged receipt of the invitation but had not otherwise responded.

“As our invitation says, we hope Trump comes to California to see the devastation, to meet firefighters and survivors, and to get the facts instead of sniping from the sidelines,” the governor’s office said in a statement Saturday.

Times staff writer Taryn Luna in Sacramento contributed to this report.