Politics
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.
Politics
DOJ expands indictment against SPLC, alleging $4M secretly funneled to KKK and extremist groups
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The Department of Justice last month announced an indictment against the Southern Poverty Law Center (SPLC), alleging that the civil rights nonprofit defrauded donors by secretly paying informants associated with extremist organizations, including the Ku Klux Klan.
A federal grand jury in the Middle District of Alabama returned an 11-count indictment in April charging the SPLC with six counts of wire fraud, four counts of making false statements to a federally insured bank and one count of conspiracy to commit concealment money laundering, according to the Justice Department.
The superseding indictment retains those charges while expanding on the alleged misconduct.
According to the DOJ, the SPLC “secretly funneled” more than $3 million in donor funds between 2014 and 2023 to numerous individuals associated with extremist organizations, including the Ku Klux Klan, United Klans of America, the National Socialist Movement, participants in the Unite the Right rally and the Aryan Nations-affiliated Sadistic Souls Motorcycle Club.
NEO-NAZIS, ‘SADISTIC’ BIKERS AND CHARLOTTESVILLE ORGANIZER: 5 OF THE MOST SHOCKING SPLC INFORMANTS
The Southern Poverty Law Center has widespread influence in education. FILE: Acting Attorney General Todd Blanche, left, and SPLC interim President and CEO Bryan Fair are shown in a split image as the Justice Department pursues charges against the Southern Poverty Law Center. (Nathan Posner/Anadolu via Getty Images; USA TODAY Network via Imagn Images)
The original indictment alleged approximately $3 million in payments between 2014 and 2023.
“The SPLC’s paid informants (‘field sources’) engaged in the active promotion of racist groups at the same time that the SPLC was denouncing the same groups on its website,” the indictment states.
Prosecutors further allege the SPLC opened bank accounts tied to fictitious entities in order to conceal donor funds that were allegedly routed to confidential sources.
MIKE DAVIS: SOUTHERN POVERTY LAW CENTER: A TALE OF A RACISM SCAM
The Southern Poverty Law Center (SPLC) building seen in March 2020 in Montgomery, Alabama. (Barry Lewis/InPictures via Getty Images)
According to the indictment, the SPLC began operating a covert informant network in the 1980s, and between 2014 and 2023 allegedly paid those sources in a clandestine manner.
The DOJ alleges an SPLC employee instead encouraged the pair to remain involved and offered them a monthly salary of $1,200.
The two subsequently agreed to remain in the organization, according to the indictment.
DR. BEN CARSON: I KNOW HOW BAD THE SPLC WAS, IT CAME AFTER ME AND PUT ME AT RISK
Acting Attorney General Todd Blanche spoke during a press conference alongside FBI Director Kash Patel at the Department of Justice on April 21, 2026, in Washington, D.C., following the indictment of the Southern Poverty Law Center. (Nathan Posner/Anadolu via Getty Images)
Prosecutors allege an SPLC employee instructed the individuals to claim they worked for a company called Rare Books and helped college students with research and writing assignments if anyone questioned the source of their income.
The indictment alleges donor funds were used to pay both individuals through SPLC accounts.
According to prosecutors, the pair were also reimbursed for expenses related to Ku Klux Klan activities, including cross-burning events and associated costs such as wood and fuel.
One of the individuals is also accused of recruiting new members using donor-funded payments. The indictment further alleges the SPLC knew donor funds were used to purchase materials for Ku Klux Klan garments.
In a statement to Fox News Digital, attorney Abbe Lowell, who represents the SPLC, denied the allegations.
A composite image shows Acting Attorney General Todd Blanche overlaid on photographs of the Department of Justice and FBI headquarters in Washington, D.C. (Valerie Plesch/Bloomberg via Getty Images; Graeme Sloan/Bloomberg via Getty Images)
“This apparent superseding indictment attempts to shore up the flaws in the initial charges, but it changes nothing,” Lowell said.
“The SPLC did not lie to its donors, it did not mislead banks it did business with, and its informant program prevented violence and saved lives,” he continued.
“It appears the Justice Department shared the indictment with media before it was unsealed by the court – another example of the government’s troubling handling of this case.”
“We will be addressing these irregularities with the court and look forward to presenting the truth at trial,” he added.
NONPROFIT REVENUE TOTALS SURGE AMID GROWING SCRUTINY AFTER MAJOR FRAUD CASES
SPLC interim President and CEO Bryan Fair speaks during a wreath-laying ceremony at the Southern Poverty Law Center Civil Rights Memorial in Montgomery, Ala., on March 5, 2026. (Jake Crandall/Advertiser / USA TODAY NETWORK via Imagn Images)
The superseding indictment also notes that the SPLC’s reported revenue increased from roughly $38.7 million in 2010 to more than $129 million in 2023, an increase of approximately 233%.
According to the filing, the organization’s net assets grew from approximately $238 million to nearly $787 million during the same period.
The SPLC is a longtime nonprofit organization that says it combats white supremacy and extremism through research, reporting and monitoring efforts intended to assist law enforcement and the public.
During a news conference announcing the original indictment, Acting Attorney General Todd Blanche alleged the SPLC paid members of extremist groups so it could generate “work product” documenting their activities.
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“To that end, [SPLC] was doing the exact opposite of what it told its donors it was doing – not dismantling extremism but funding it,” Blanche said.
Fox News Digital’s Alexandra Koch, David Spunt, Jake Gibson and Alec Schemmel contributed to this report.
Politics
California congressional race results threaten GOP power in DC
Buoyed by a new Congressional map favoring their party, California Democrats were eyeing Tuesday’s primary elections as a critical first step toward flipping a handful of House seats and taking back power in Washington.
Results from California’s massive and slow-moving election process were not immediately clear late Tuesday, as polls closed and mail ballots continued to be processed and counted. Still, Democrats were bullish about their chances of advancing candidates to November’s general election in all five districts that were redrawn in their favor as a result of last year’s Proposition 50 ballot measure.
“The path to winning back the House starts with voting in the June 2nd primary,” the California Democratic Party posted online Monday.
Meanwhile, California Republican Party Chairwoman Corrin Rankin urged Republican voters to make their own voices heard too.
“Like President Trump said, we need to make it too big to rig,” Rankin said on “The Benny Show.” “We need to swamp the vote.”
One of the most closely watched races was in the redrawn 22nd Congressional District in the Central Valley, where incumbent Rep. David Valadao (R-Hanford) is facing challenges from moderate Assemblymember Jasmeet Kaur Bains (D-Delano) and progressive college professor Randy Villegas.
Another closely watched race was in the redrawn 48th Congressional District in San Diego and Riverside counties, where Rep. Darrell Issa (R-Bonsall) decided to retire rather than run for reelection, and where Republican San Diego County Supervisor Jim Desmond — who is endorsed by Trump — is running against a pack of Democrats.
Prop. 50 — which Californians passed with nearly 65% of the vote a year ago — was California Democrats’ response to Texas Republicans redrawing their state’s Congressional maps in the GOP’s favor, at President Trump’s behest. It was also the only major Democratic counterpunch in the wider mid-decade redistricting brawl that has spread across the country in the last year.
Experts expect the redistricting battle to deliver a net gain of a handful or more House seats to Republicans. But Democrats could gain even more ground given Trump’s lousy approval ratings and the long history of midterm election losses for the president’s party.
Combined, those factors make the battle for control of the House incredibly close, which in turn makes the five seats up for grabs in California pivotal — and potentially decisive.
Tuesday’s primaries won’t determine if any of those five seats will indeed flip parties in November. However, the primaries will define those head-to-head races to come and better inform the odds of Democrats toppling Republican incumbents, experts said.
In addition to flipping the seats currently held by Valadao and Issa, Democrats are hoping to pick up three additional seats.
In the 1st Congressional District — which after Prop. 50 lost rural reaches of northeast California and picked up liberal North Bay communities — various candidates were vying for the seat long held by the late Rep. Doug LaMalfa (R-Richvale), who died in January. They include Democratic state Sen. Mike McGuire and Republican Assemblymember James Gallagher, who is endorsed by Trump.
Voters from the existing district are also voting in a special election Tuesday to fill the remainder of LaMalfa’s term.
In the 3rd Congressional District, which lost an eastern rural stretch along Nevada and now holds more tightly to the Sacramento suburbs, Rep. Ami Bera (D-Elk Grove) — who currently represents a different district — is running to remain in Congress in a new seat.
Meanwhile, the 3rd Congressional District’s incumbent, Rep. Kevin Kiley (I-Rocklin), is seeking to do the opposite. He quit the Republican Party, became an independent and is now running for Bera’s current seat in Congressional District 6, which includes the city of Sacramento and Placer County suburbs.
In the 41st Congressional District, which became more liberal after Prop. 50 by losing voters in Riverside County and gaining them in Los Angeles County, a slate of candidates — including Rep. Linda Sánchez (D-Whittier), who currently represents a different district — are running to replace Rep. Ken Calvert (R-Corona). Calvert, a 17-term incumbent, decided to run in the neighboring 40th Congressional District instead.
In the 40th Congressional District, which covers a swath of inland Orange County and portions of San Bernardino and Riverside counties, incumbent Rep. Young Kim (R-Anaheim Hills) is now going head-to-head with Calvert, while also facing several Democratic challengers.
Other districts that were not part of the Prop. 50 shuffle are also attracting attention.
In the 11th Congressional District in San Francisco, several Democratic candidates are vying to replace Rep. Nancy Pelosi (D-San Francisco), the retiring former House Speaker, including state Sen. Scott Wiener; tech millionaire and Democratic political operative Saikat Chakrabarti; and Connie Chan, a member of the San Francisco board of supervisors who Pelosi endorsed.
Democrats are also closely watching several races where younger Democrats and progressives are challenging older incumbent Democrats, and where newer Democratic incumbents are seeking to hold onto their seats in relatively competitive districts.
Politics
SEE IT: LA voters split on Pratt’s mayoral bid as one issue dominates Election Day
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LOS ANGELES — Outside a Bristol Farms market in LA’s Westchester neighborhood, residents who spoke to Fox News Digital all agreed that homelessness is a top problem facing the city, but disagreed on which mayoral candidate is the right choice to clean it up.
“Love him,” Shelley Zuckerman said about reality television star and independent candidate Spencer Pratt, adding that homelessness is a main motivator of her support for the reality TV star’s mayoral run.
“The fact that he’s not a politician, so he may or may not be a liar, we don’t know that yet, and I know that he wants to do something for LA that the politicians have been saying they’re going to do and then don’t,” Zuckerman added. “And I know politics works, that once you get in there you can’t always do what you want to do, but at least he’s got the passion.”
SPENCER PRATT SAYS HIS POLICY WILL FORCE HOMELESS OUT OF LA AND INTO CITIES LIKE SEATTLE
Los Angeles residents say homelessness is the top problem facing the city as they head to the polls for the mayoral primary. (Fox News Digital)
When asked if crime was a motivating factor to vote for Pratt, Zuckerman’s husband Saul responded, “Of course.”
The couple says they are supporting Republican Steve Hilton for governor.
Patrick Reynolds, who lives in the neighborhood, said he is “not happy with any of the candidates” and called Pratt a “clown” before saying he voted for incumbent Mayor Karen Bass “a little reluctantly.”
Homelessness has been a top-of-mind concern for voters in Los Angeles, and despite Bass being mayor for the last four years, Reynolds said he believes she’s the best choice on that front.
Reynolds, who said he is supporting billionaire Democrat Tom Steyer for governor, spoke at length about the problems with homelessness, including a local park he said has become “too dangerous” to visit in recent years.
KAREN BASS GRILLED OVER BROKEN HOMELESSNESS PROMISE, BLAMES BUREAUCRACY FOR SLOWED PROGRESS
Mayoral candidate Spencer Pratt hosts a campaign block party on 10th Avenue in Los Angeles on May 20, 2026. (Robert Gauthier/Los Angeles Times)
“Homelessness for sure,” a woman named Diane, who said she voted for Bass, told Fox News Digital, “That’s number one on my list, and I think she’s tried very hard to fix that problem. It’s a big problem, I know. And I just think she is down to earth. She’s not some rich billionaire, which I appreciate.”
Diane said she is supporting former Department of Health and Human Services Secretary Xavier Becerra, a Democrat who served in the Biden administration, for governor because he is a “good guy.”
“I like that he is an immigrant and that he has worked his way up in this world,” Diane said. “I think he has a good sensibility. I like also that he isn’t a billionaire. I can relate to him.”
Dan Madden, a resident of nearby Manhattan Beach, told Fox News Digital that if he could vote in LA proper, he’d go with Pratt.
WHO IS TOM STEYER? ANTI-ICE BILLIONAIRE IN CA GOVERNOR’S RACE FACES SCRUTINY OVER DETENTION INVESTMENTS
A Los Angeles city councilwoman and progressive candidate for mayor Nithya Raman, left, pictured alongside incumbent mayor Karen Bass, right. (Ronaldo Bolaños/Los Angeles Times via Getty Images; Justin Sullivan/Getty Images)
“That’d be my man,” said Madden, who added that he is voting for Hilton for governor. “The last 20 years in Los Angeles has been screwed.”
“It’s getting worse,” Madden said about the homeless situation in the Los Angeles area. “They cleaned up here and there. Spots, especially along the beach, coastline, you see it cleaned up. Two months later, everybody’s back.”
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Pratt, a registered Republican running as an independent, faces off in a nonpartisan mayoral primary against incumbent Mayor Karen Bass, a Democrat, and City Councilmember Nithya Raman, a socialist.
Tuesday’s election will determine which two candidates advance to the November general election. If a candidate receives more than 50% of the vote, they will automatically be named the next mayor.
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