“A federal judge on Friday temporarily blocked the Trump administration’s sweeping layoffs at several agencies, including HHS, saying that cooperation of the legislative branch is required for large-scale reorganizations.
Kennedy eliminated thousands of jobs in early April, paralyzing programs across the Centers for Disease Control and Prevention, and particularly in the National Institute for Occupational Safety and Health, that monitored health threats, researched cures and investigated everything from toxic fumes in fire stations to outbreaks of gonorrhea.
The layoffs at NIOSH have halted the National Firefighter Cancer Registry, Fire Fighter Fatality Investigation and Prevention Program, Health Hazard Evaluation Program, Respirator Approval Program and Coal Workers’ Health Surveillance Program. All are required by law, but their government websites explain they are no longer operating because of the layoffs.
“If the law requires you, the executive, to do this work, you have, in a back door way, thumbed your nose at Congress by firing the people who are actually necessary to get that work done,” said Max Stier, the president and CEO of the nonpartisan, nonprofit Partnership for Public Service, whose mission is supporting the federal workforce. “The executive branch is supposed to execute — the name says it all. It doesn’t have the right to determine where money is spent and how much money is spent. ”
HHS spokesperson Andrew Nixon told POLITICO that “critical initiatives under NIOSH will remain intact.””
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“while the administration has pledged that “essential services…will remain fully intact and uninterrupted,” and have repeatedly claimed that core programs will transfer to the yet-to-be-created Administration for a Healthy America, or AHA, interviews with staff and public notices on the CDC’s website show that the programs are no longer operational.”
“As a legal matter, President Donald Trump’s trade war rests on the claim that imports to the United States constitute an “unusual and extraordinary” threat requiring urgent executive action.
That’s an absurd argument, of course. The fact that Americans choose to buy or sell goods across international borders is not an emergency—it’s not even a minor worry—and certainly should not justify a massive expansion of executive power.
But Trump is going to do whatever he wants until someone stops him. On Wednesday, the Senate had a chance to do that. Instead, Republicans voted overwhelmingly to keep the “emergency” going, and thus to keep the trade war going too.
The Senate voted 49–49 on Wednesday evening to block Sen. Rand Paul’s (R–Ky.) resolution that sought to end the emergency declaration Trump signed on April 2 to impose his so-called “Liberation Day” tariffs on nearly all imports to the United States.”
“The Constitution grants Congress the sole power of the purse. The executive branch is tasked with faithfully executing the laws Congress passes. If Congress passes a law saying jump, it’s the president’s job to jump. And if Congress passes a law that says spend, it’s the president’s job to spend.”
Trump’s attempt to increase military spending may be hampered by Trump’s tariffs. The tariffs make gaining access to key resources more difficult, and make inputs more expensive, making the increased spending not go as far.
“Part of the reasons for the disarray is that while some GOP leaders and committee chairs might have had a good sense of the shape of the bill, many rank-and-file members have not. Tensions have flared as lawmakers have been briefed on key details of the developing legislation — some of which could have profound impacts in their states and districts.”
“The Constitution vests Congress, not the president, with the power to “lay and collect taxes, duties, imposts and excises.” Yet Trump has announced a dizzying array of “duties,” including punitive tariffs on Mexican and Canadian goods, a 25 percent tax on imported cars and car parts, tariffs on Chinese goods as high as 145 percent, and a 10 percent general tax on imports that may rise further based on supposedly “reciprocal” rates that make no sense.
These levies amount to the largest tax hike since 1993 and raise tariffs more than the notorious Smoot-Hawley Act of 1930, which deepened the Great Depression by setting off a trade war. The main authority that Trump cites for these far-reaching, commerce-disrupting, price-boosting tariffs is the International Emergency Economic Powers Act (IEEPA), a 1977 law that says nothing about tariffs.
The IEEPA—which was designed to constrain, not expand, the president’s powers—authorizes economic sanctions in response to “any unusual and extraordinary threat” to “the national security, foreign policy, or economy of the United States” after the president “declares a national emergency.” Although the law has been on the books for nearly half a century, no president until Trump has ever invoked it to impose a general tariff.
There are good reasons for that. The IEEPA mentions restrictions on transactions involving foreign-owned assets, but it never refers to taxes, tariffs, or any of their synonyms.”
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“The shortcut that Trump chose is inconsistent with the IEEPA in another crucial way. To justify his tariffs, he has cited two supposed “emergencies”: the influx of illicit fentanyl, which goes back a decade or more, and ongoing bilateral trade deficits, which Trump himself has been decrying since the 1980s.
Neither of those constitutes the sort of “unusual and extraordinary threat” that Congress contemplated. “A statute grounded in emergency cannot be stretched to support open-ended policymaking,” Calabresi et al. say, “especially where the alleged threat is neither imminent nor novel.”
Trump’s interpretation of the IEEPA amounts to an assault on the separation of powers. “If decades-old trade deficits now qualify as an ’emergency,'” Calabresi et al. warn, “then any President could invoke IEEPA at will to bypass Congress on matters of taxation, commerce, and industrial policy.”
That result, the brief argues, violates the “major questions” doctrine, which says any assertion of executive power involving matters of “vast political and economic consequence” must be based on “unmistakable legislative authority.” It also violates the “nondelegation” doctrine, which says Congress cannot surrender its legislative powers.”
Trump defying a Supreme Court order is a constitutional crisis. The crisis comes to a head with Congress derelict in its duty. The only one with the power to enforce limits on the president’s power is Congress through its power of impeachment and a little bit through passing legislation that restrains the president.
“Social Security is the biggest federal expense. The next priciest items are other entitlements including Medicare and Medicaid, and Americans want to spend more on them, too. Defense is next, and while there’s room for cutting there, it’s nowhere near enough to close the deficit and save Social Security.
Some politicians claim that we can grow our economy enough to make up for Social Security’s shortfalls. But that won’t work. “Because Social Security benefits are indexed to wage growth, as wages increase, so do benefits,” explains the Cato Institute’s Romina Boccia and Dominik Lett. “Therefore, while higher wage growth boosts revenues, it simultaneously raises the future benefits owed to retirees.”
Complicating the issue, add Boccia and Lett, is that “improvements in life expectancy and a declining birth rate mean that a shrinking group of workers is supporting an increasing number of retirees even if macroeconomic conditions are sound.”
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Boccia also points out that retirees over the age of 65 have on average triple the net worth of workers between the ages of 35–44. It’s perverse to tax hard-working younger Americans for the benefit of wealthier older ones. She suggests that “Congress should means-test Social Security, returning to the program’s stated purpose of antipoverty protection in old age.”
Some more savings could be found by linking cost-of-living adjustments in Social Security benefits to the chained CPI, which is more accurate than other measures in reflecting how consumers respond to changing prices.”
“The U.S. House has passed a bill that voting rights groups have repeatedly warned would make it harder for millions of Americans, including married women, to vote.
The Republican-controlled House on Thursday voted for the Safeguard American Voter Eligibility (SAVE) Act. The legislation purportedly aims to block non-citizens from voting, which is already illegal and is very rare.
The bill would require an individual to present in person a passport, birth certificate or other citizenship document when registering to vote or updating their voter registration information.
Voting rights groups have said the bill will pose a barrier for millions of American women and others who have changed their legal name because of marriage, assimilation or to better align with their gender identity. An estimated 69 million American women and 4 million men do not have a birth certificate that matches their current legal name.
Republicans who support the bill claim that states will be able to create processes so people can prove their citizenship if their name doesn’t match their birth certificate.
Voting rights groups also worry the bill will disenfranchise others from marginalized communities who are less likely to have the necessary documentation on hand. More than 9 percent of citizens of voting age — or 21.3 million people — do not have documents that prove their citizenship readily available.