Despite our malevolent boy-king's belief that he can rule by decree, the federal judge in the Evil Navy vs. Adorable Puppies case begs to differ:
A federal judge rejected on Monday President Bush's attempt to exempt the Navy from environmental laws protecting endangered whales from sound waves caused by underwater sonar blasts during anti-submarine training off the Southern California coast.
Bush issued an order Jan. 15 that sought to override the judge's order limiting the Navy's use of sonar in Channel Islands waters frequented by whales and other marine mammals. The president said the restrictions would interfere with military exercises that are essential to national security.
But U.S. District Judge Florence-Marie Cooper of Los Angeles said Monday that Bush lacked authority in this case to suspend the National Environmental Policy Act, on which her earlier order was based.
I didn't see how Bush's order could stand, and it's good to see that Cooper agrees and isn't going to back down.
The judge also called Bush's order constitutionally suspect because he cited no new arguments, other than those the Navy had already offered in court, but simply reached a different conclusion from hers - a task that the Constitution assigns to appellate courts, not the president or Congress.
Wait - we have a Constitution? And this mysterious document assigns tasks to someone other than the president?
Who knew?
Posted by: SteveB | Wednesday, February 06, 2008 at 11:56 AM