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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Agencies need to do less

Congress needs to do more.

[/quote]

Congress writes laws that provide the framework and parameters.  But they leave the specifics of implementation up to agencies, through rulemaking.  Rulemakings have to be within the scope of the statutes enacted by Congress.  It would be ineffective for Congress to micromanage that, not to mention that Congress lacks the subject matter expertise to do so.[/quote]

If only it worked that way in reality.

The present cases involve a law where Congress isn't and hasn’t been funding enforcement for decades and so NMFS implemented its own rule for funding it.  I understand the nobility of the cause here. But, at the very least, the courts should NOT be deferring to the agency on how to fund enforcement.  Or are you people really arguing that we need to defer to subject matter experts on funding enforcement?  [/quote]

The agency is still required by law to perform enforcement on fishing quotas to protect the fisheries industry as a whole against depletion from overfishing.  First Congress by defunding, and now potentially the Courts, are removing the agency's ability to do the job that they are mandated by statute to do.  That seems like a gross judiciary overreach to me, and it goes against the statutes which mandate enforcement.  A much better alternative would have been to allow some alternative mechanism for enforcement.  Just striking down the ability of agencies to implement the laws that are on the books would be major malfeasance by the courts.

There have been cases where states or advocacy groups or others have sued the government to compel it to do the job it's mandated to do.  I can see something like that happening.[/quote]

Trump should have realized this and had Border Patrol and Customs collect fees for wall funding.[/quote]

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