Obama and the New Incrementalism: Thumbing His Nose at the Law

February 15, 2011 05:48

From healthcare to the environment to jobs, liberal legal elites pay lip service to the rule of law while their friends in the bureaucracy race to entrench liberal policies.  Welcome to the New Incrementalism.

By Ashton Ellis at CFIF.org


The most recent outrage came from the keyboard of White House blogger Stephanie Cutter, saying that “implementation (of ObamaCare) will continue,” despite Judge Roger Vinson’s unequivocal ruling striking down the misleadingly named “Affordable Care Act.”   Since Vinson held the law’s individual insurance mandate unconstitutional and inseverable from the rest of the regulatory scheme, his ruling ceases implementation against the parties that sued – 26 states among them.  Yet Cutter’s matter-of-fact response indicates the White House’s ease with ignoring a legally binding limit on its power.

If he quit today, Secretary Ken Salazar could hang his Stetson on three statist achievements.  First, he’s turned the Bureau of Land Management (BLM) into an eminent domain machine, confiscating family farms for federal use at an unprecedented rate.

Martin Feldman, a federal judge in New Orleans, overturned the ban in May 2010 as lacking a rational basis, but Salazar simply reissued an almost identical order and reinstated the work stoppage.  Eventually, the ban was lifted, but to date the Interior Department has failed to issue any permits to drill.  Companies got the message and started moving their operations overseas.  The cost: 5,000 jobs and billions in lost revenues and oil leases.

Simply getting a federal court ruling isn’t enough.  Conservatives need to keep up the pressure in Congress and on the campaign trail to repeal the Obama agenda as soon as possible.


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