By Jon Dougherty
Before Donald Trump beat Hillary Clinton to win the presidency, the head of the Executive Branch was allowed to make and implement his own policy initiatives.
That’s changed now, however. Now, every policy decision POTUS Trump makes that the Left doesn’t like is not permissible and as such must be challenged in court.
And wouldn’t you just know that Leftists manage every time to pick just the right federal judge and the right federal court with which to file their cases to ensure they win a victory.
It’s happened again, this time regarding a policy change directed by the president that withholds tens of millions of taxpayer dollars from the nation’s largest abortion provider, Planned Parenthood.
As reported by Lifesite, U.S. District Judge Michael J. McShane, an Obama appointee, believes that he, and not the elected president, has the authority to decide abortion funding policy.
The site noted:
On Tuesday, U.S. District Judge Michael J. McShane criticized President Trump’s changes to the Title X program, announced in March and set to take effect May 3, as a “ham-fisted approach to public health policy.”
The judge, based in Portland, Oregon, said that he will soon issue an opinion granting a preliminary injunction against the changes, which abortion proponents have dubbed a “gag rule.”
Oregon has joined 20 states and the District of Columbia in asking the courts to strike down the changes. Planned Parenthood affiliates and the American Medical Association are also parties to the suit.
Though McShane said he didn’t want to set “national health care policy,” he set about to do just that. He claimed that changes made to Title X by the administration would hamper services provided by doctors and that low-income women would not be able to get access to abortions, thus creating a “geographic vacuum.” He also claimed, amazingly — and without evidence — that the changes would increase pregnancies and, thus, abortions.
“At the heart of these rules is an arrogant assumption that the government is better suited to direct women’s health care than their providers,” he said, according to Oregon Public Broadcasting.
Wow. You talk about “arrogant assumption.”
Deciding national policy falls under the responsibility and authority of the Executive Branch, in particular, the president — not the Judicial Branch and certainly not an unelected federal judge (Can you imagine if a doctor tried to order him how to rule on matters of law?).
If anyone has the prerogative to cut funds to Planned Parenthood as a matter of policy, it’s President Trump, not Judge McShane.
No doubt the administration will appeal and, if the case reaches the Supreme Court, no doubt the White House will win.
But this isn’t the point. The bigger picture here is that yet again, an activist federal judge is assuming the authority to decide a policy issue for the entire country, which is well outside his scope.
Since there is no way Democrats in Congress will go along with impeaching Obama-appointed Left-wing judges, POTUS Trump has to hold steady and continue nominating constitutional federal judges who understand the separation of power and who really won’t make ‘national policy’ in place of the Executive Branch.
- Follow Jon Dougherty on Twitter at @JonDougherty10