Dylan Mathews has a post at Vox: "10 enormously consequential things Biden can do without the Senate".
He writes: "Pushing the limits of executive authority is sure to provoke legal challenges that the Biden administration could lose, especially with a 6-3 Republican Supreme Court. But even if only half of the options below are implemented and affirmed by the courts, the practical effects would still be hugely significant."
I guess my conservative side is showing. I know the frustrations of facing a deadlocked Congress, a body which cannot decide what laws to pass. But there are problems in going down this road.
- successful executive actions can be reversed when a new Republican president comes into office. We can't assume that Democrats will always control the executive, or that the Republicans will come to accede to Dem actions. Reversals can mean a frustrated and ineffective bureaucracy: one which will know their work is temporary and built on shifting sands.
- using the executive actions increases the power of SCOTUS, meaning it will become more political and fights over filling vacancies even more heated.
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