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Thursday, June 24, 2010

More On Obama Ignoring Court Ruling On Drilling Ban

Yesterday, I wrote that PresBo was set to completely ignore the temporary injunction that drilling companies won against the deep water drilling ban. Apparently, I wasn't the only one who noticed... the drilling companies are requesting an emergency hearing before the same judge, alleging the administration is about to ignore his ruling.
http://www.politico.com/blogs/joshgerstein/0610/Obama_accused_of_defying_court_on_drilling_ban.html

Drilling companies and others who won an order from a federal judge Tuesday lifting the Obama Administration's moratorium on deepwater oil drilling are accusing the administration of defying the court's order by announcing plans to reimpose the moratorium.

Moratorium opponents filed papers in a New Orleans federal court Wednesday afternoon requesting an emergency hearing before Judge Martin Feldman, who entered the order blocking the moratorium. Since that time, Interior Secretary Ken Salazar indicated both in a statement and Congressional testimony that he plans to re-impose the moratorium soon based on information that wasn't fully developed when the six-month drilling ban was imposed in late May.

They claim that re-issuing the ban is an attempt to make an end-run around the court's ruling.


From the companies' brief, filed before the government appealed Wednesday evening:

While Defendants have the right to challenge this Court’s Preliminary Injunction Order on appeal...and further have the right to engage in appropriate fact finding, data analysis and risk assessment followed perhaps by additional agency action, the law precludes Defendants from continuing today to enforce the Moratorium in defiance of this Court’s prohibition against its enforcement. At present, Defendants have not filed a Notice of Appeal to the Fifth Circuit, nor have they filed a motion with this Court seeking a stay of the Preliminary Injunction Order pending appeal. Accordingly, the Preliminary Injunction Order is in full force and effect, and is the law of this case. Nevertheless, Defendants have chosen to ignore and disobey it. Secretary Salazar’s comments have the obvious effect of chilling the resumption of OCS activities, which is precisely the wrong this Court sought to redress through its Preliminary Injunction Order.


The "chilling" reference seems to be a suggestion that the talk of reimposing the moratorium is essentially the same as doing so since companies aren't knowingly going to staff up drilling rigs that are likely to be shut down again in a matter of days.

A Justice Department official said a court hearing on the issue is expected Thursday.

I believe they have a point. In fact, an editorial in the Washington Examiner questions whether Obama ever bothers to listen to ANYBODY.
http://www.washingtonexaminer.com/opinion/Will-Obama-listen-to-anybody_-96985499.html

Even more disturbing is Obama's response to Feldman, which was to promise both an appeal in court and issuance of a new drilling moratorium from Interior. In other words, Obama is forging ahead with the very policy the judge just ruled unconstitutional. And the chief executive is challenging the thousands of Gulf Coast oil industry employees to try and stop him in the appeals court. This response is the latest evidence of a disconcerting pattern with this president and his cronies in the executive branch and Congress: Their "progressive" ideological agenda comes first; everything else, including the will of the people and the letter of the law, is at most an obstacle on the road to "change we can believe in."

Think about it: Large and growing majorities opposed Obamacare in public opinion survey after survey, yet Obama and his congressional allies wrote the bill behind closed doors, made multiple corrupt bargains to gain votes, and passed it anyway. When General Motors bondholders opposed Obama's takeover, he flouted age-old bankruptcy law while effectively nationalizing the automaker and handing it over to the United Auto Workers union. When auto executives expressed concern about Obama's costly increase in fuel economy standards, his chief environmental adviser warned them not to "write anything down" about their discussion.

I think this is a valid question. Obama has surrounded himself with people who share his opinions. We need look no further than General McChrystal to see what happens when somebody offers a dissenting opinion. As Obama himself said in his public announcement that placed General Petraeus in charge, he will tolerate no division in his administration.

Which means he has an entire administration full of Yes-men, telling him what he wants to hear instead of, for example, the truth. A President doesn't need people telling him what he already thinks, he needs people giving him contrary advice. Why? Because nobody is always right, and contrary advice is OFTEN important. Whether the contrary advice is correct or not isn't the issue. The mere suggestion sparks thinking in new directions. And thinking a problem all the way through, INCLUDING options that are at odds with his own positions, is a good way for the President to make sure that his final course of action is the correct one.

But when offered any contrary advice, when facing what he terms "division," Obama kicks out the offending member of his staff.




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