Complete Defiance of the Court

We have seen over recent years agency disregard for the Congress since it has become so polarized.

We now see a comparable dismissive attitude directed  to the Courts possibly as result of a number of 5/4 decisions by the Supreme Court or more likely as a  result of  the new emphasis on using agency administrative powers to their  fullest.

Consider this chain of events.

A plaintiff seeks relief in the court  claiming that the agency had no authority to issue a rule.  See 304bcomplaint (340b)

The Court opines in no uncertain terms   that the agency did not have the authority to issue the  rule. See  340b  304bpiorder

The agency responds by issuing an interpretative rule which renders moot the decision of the court.

The FR notice announcing the availability of the rule is here,

We encourage our readers to review the aforementioned  material and hopefully we have overreacted.  However  if we are correct in our analysis then one need not only be concerned about the onslaught of “midnight regulations” likely to occur beginning in the Spring of 2016, but possibly the Fall of 2015, but the immediate reinforcement of “regulation by executive order” by trend setting refusals to implement the decisions of the judiciary.

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