January 07, 2025
The Oily Fingers of Joe Biden
Timothy Birdnow
Why Trump will find it difficult to reverse Biden's EO closing offshore drilling.
https://www.yahoo.com/news/biden-ban-offshore-oil-gas-100551895.html
FTA:
OR Trump could get a higher court to reverse the lower court, even if it requires going to the Supreme Court. There is nothing in American jurisprudence that allows an EXECTIVE ORDER to supercede future Pressidential directives. This court had it's headquarters where it's hindquarters should have gone; an executive order cannot have the force of law - it is merely a rule imposed by the President ON THE EXECUTIVE BRANCH OF GOVERNMENT. We do not have kings in this country.
This court ruling was in 2019, at the outset of the Covid pandemic, and clearly wasn't appealed.
According to the American Bar Association, executive orders are:
It is NOT a law; it is a directive to the President's subordinates on how the exectuve branch will operate. Since so much money is involved, and so much regulatory power in place, eo's have the defacto force of law in our country. But the law mentioned by the media that will bind Trump is no more binding on him than any other law any president has used discretion in enforcing. Certainly Mr. Biden has refused to enforce multiple laws, such as immigration laws, just because he didn't agree with them. Trump has all the authority he needs to restore offshore drilling.
As another website states:
Yet now we're being told Trump cannot repeal Biden's eo. He can do so any time he likes; he's not repealing the LAW but the way the Biden Administration sought to exercise the law.
It was a federal judge in Alaska who issued the ruling in 2019 - the case did not go to the court of appeals. This was a constitutional issue; the court had no jurisdiction over this.
What I suspect is that the media and Biden are trying to set Trump up for another article of impeachment; they want him to tell them to pound sand over this and then accuse him of "willfully violating the law" when in fact he is exercising his legal authority. Prettymuch every corporate media outlet is saying Trump cannot overturn this. And I've not seen any alternative media in a Google or Yahoo search disagreeing (even though I know there are constitutional scholars who are probably shouting about this.)
Oh,btw,why did Biden wait until his last days to pull this? Anybody?
The law in question isthe 1953 Outer Continental Shelf Lands Act which the media assures us cannot be contravened by a Presidential eo. But Trump would not be contravening it - he would be exercising his authority and actually obeying the law.
Sooo...the President via his Sec. Interior can at any time grant leases to the highest qualified bidder. Not sure where the "once locked up always locked up" theory comes from except the mind of a leftist judge in Alaska.
The Trump team needs to have a lawsuit ready and sue the Administration in a friendly court so this judge's ruling will be overturned immediatley. It was typical liberal overreach.
Why Trump will find it difficult to reverse Biden's EO closing offshore drilling.
https://www.yahoo.com/news/biden-ban-offshore-oil-gas-100551895.html
FTA:
"It's ridiculous. I'll unban it immediately. I will unban it. I have the right to unban it immediately," Trump said in an interview on the Hugh Hewitt radio program.
During his term, Biden also limited new oil and gas leasing on federal lands and waters, drawing criticism from drilling states and companies.
But the Lands Act, which allows presidents to withdraw areas from mineral leasing and drilling, does not grant them the legal authority to overturn prior bans, according to a 2019 court ruling - meaning a reversal would likely require an act of Congress. That order came in response to Trump's effort to reverse Arctic and Atlantic Ocean withdrawals made by former President Barack Obama at the end of his presidency.
Trump also used the Lands Act to ban sales of offshore drilling rights in the eastern Gulf of Mexico off the coast of Florida through 2032. Biden's decision will protect the same area with no expiration.
It is unclear whether lawmakers would support reversing Biden's decision to protect these waters.
During his term, Biden also limited new oil and gas leasing on federal lands and waters, drawing criticism from drilling states and companies.
But the Lands Act, which allows presidents to withdraw areas from mineral leasing and drilling, does not grant them the legal authority to overturn prior bans, according to a 2019 court ruling - meaning a reversal would likely require an act of Congress. That order came in response to Trump's effort to reverse Arctic and Atlantic Ocean withdrawals made by former President Barack Obama at the end of his presidency.
Trump also used the Lands Act to ban sales of offshore drilling rights in the eastern Gulf of Mexico off the coast of Florida through 2032. Biden's decision will protect the same area with no expiration.
It is unclear whether lawmakers would support reversing Biden's decision to protect these waters.
OR Trump could get a higher court to reverse the lower court, even if it requires going to the Supreme Court. There is nothing in American jurisprudence that allows an EXECTIVE ORDER to supercede future Pressidential directives. This court had it's headquarters where it's hindquarters should have gone; an executive order cannot have the force of law - it is merely a rule imposed by the President ON THE EXECUTIVE BRANCH OF GOVERNMENT. We do not have kings in this country.
This court ruling was in 2019, at the outset of the Covid pandemic, and clearly wasn't appealed.
According to the American Bar Association, executive orders are:
" a signed, written, and published directive from the President of the United States that manages operations of the federal government."
It is NOT a law; it is a directive to the President's subordinates on how the exectuve branch will operate. Since so much money is involved, and so much regulatory power in place, eo's have the defacto force of law in our country. But the law mentioned by the media that will bind Trump is no more binding on him than any other law any president has used discretion in enforcing. Certainly Mr. Biden has refused to enforce multiple laws, such as immigration laws, just because he didn't agree with them. Trump has all the authority he needs to restore offshore drilling.
As another website states:
" The executive actions outlined above can often occur quite quickly because every president is free to repeal or modify any executive order"
Yet now we're being told Trump cannot repeal Biden's eo. He can do so any time he likes; he's not repealing the LAW but the way the Biden Administration sought to exercise the law.
It was a federal judge in Alaska who issued the ruling in 2019 - the case did not go to the court of appeals. This was a constitutional issue; the court had no jurisdiction over this.
What I suspect is that the media and Biden are trying to set Trump up for another article of impeachment; they want him to tell them to pound sand over this and then accuse him of "willfully violating the law" when in fact he is exercising his legal authority. Prettymuch every corporate media outlet is saying Trump cannot overturn this. And I've not seen any alternative media in a Google or Yahoo search disagreeing (even though I know there are constitutional scholars who are probably shouting about this.)
Oh,btw,why did Biden wait until his last days to pull this? Anybody?
The law in question isthe 1953 Outer Continental Shelf Lands Act which the media assures us cannot be contravened by a Presidential eo. But Trump would not be contravening it - he would be exercising his authority and actually obeying the law.
"The Act empowers the Secretary to grant leases to the highest qualified responsible bidder on the basis of sealed competitive bids and to formulate regulations"
Sooo...the President via his Sec. Interior can at any time grant leases to the highest qualified bidder. Not sure where the "once locked up always locked up" theory comes from except the mind of a leftist judge in Alaska.
The Trump team needs to have a lawsuit ready and sue the Administration in a friendly court so this judge's ruling will be overturned immediatley. It was typical liberal overreach.
Posted by: Timothy Birdnow at
12:37 PM
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Here's wishing Trump luck in this endeavor.
Posted by: Dana Mathewson at January 07, 2025 11:49 PM (Idemf)
Posted by: Timothy Birdnow at January 08, 2025 08:51 AM (sN8i4)
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