Biden: “I Don’t Want to Emulate Trump’s Abuse of the Constitution” Despite Losing a Series of Court Fights

There was an interesting moment last night when President Joe Biden appeared on “Jimmy Kimmel Live!” for his first network interview in 118 days. When Kimmel pushed Biden on the possibility of issuing an executive order on gun control. After all, Kimmel said, “Trump passed those out like Halloween candy.” Biden said that he did not want “to emulate Trump’s abuse of the constitution” and “pass[] those out like Halloween candy.” It was an ironic statement from a president who has racked up an impressive array of losses in the courts which have found that he has repeatedly disregarded constitutional limits. There is an advantage to arranging to be interviewed by a comedian rather than a reporter. There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts.

The president declared “I have issued executive orders within the power of the presidency to be able to deal with everything having to do with guns, gun ownership… all of the things that are within my power.” He then added “what I don’t want to do, and I’m not being facetious, I don’t want to emulate Trump’s abuse of the constitution and constitutional authority.”

It was a jarring claim for anyone who has followed the losses in the last two years by the Biden Administration in court.

President Biden has arguably the worst record of losses in the first two years of any recent presidential administration. This year, the Supreme Court on Thursday blocked the Occupational Safety and Health Administration’s (OSHA) vaccination mandate for businesses with 100 or more employees. That followed statements by his Chief of Staff Ron Klein that they had found a “workaround” of the Constitution in such executive orders.

The President has shown a similar disregard on whether measures are constitutional. That was the case when Biden called for the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters. Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. Despite that overwhelming opinion, he listened to Professor Laurence Tribe at the urging of Pelosi. Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts.  Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments. The Supreme Court ruled 6-3 that the order was unconstitutional.

These losses began to pile up soon after the President took office.

In Washington, D.C., this year, a federal court vacated the results of the Department of the Interior’s Bureau of Ocean Energy Management’s lease sale rule. In January 2021 President Biden signed Executive Order 14008, which stopped new oil and gas leases on federal lands and waters.

In Wisconsin, a federal court stopped Biden’s controversial $4 billion race-based federal relief program for farmers after finding that he was engaging in systemic racial discrimination. The court found that “the only consideration in determining whether a farmer or rancher’s loans should be completely forgiven is the person’s race or national origin.” As such, farmers were found to be “experiencing discrimination at the hands of their government.”

A court in Texas found that the Biden administration engaged in systemic discrimination to implement COVID-19 relief for American restaurants by giving preference to women, minorities and “socially and economically disadvantaged” people.

In Louisiana, a federal court enjoined the administration from carrying out its halting of gas and oil leases, finding that Biden’s unilateral action violated the separation of powers under the Constitution.

A federal judge in Florida ruled against the administration and held that the CDC cannot dictate rules for cruise ships. The court found the administration is again exceeding its constitutional authority. The appellate court later rejected a motion to lift the injunction.

Litigation is continuing in some of these areas. Indeed, the Biden Administration was enjoined by a court in its effort to end the Trump “Stay in Mexico” policy. That issue, however, is now before the Supreme Court.

President Biden is not the first president to over reach on executive authority. Indeed, I was also critical of litigation under the Trump Administration. Yet, this record suggests that President Biden has not “emulated” Trump’s record but may have actually exceeded that record. Trump ultimately went to the Supreme Court and prevailed on some of these issues like his travel ban.

The point is not that the Biden Administration lacks good-faith arguments in some of these areas but rather Biden seems unaware or unconcerned about a litany of losses in the courts. Yet, his administration has been repeatedly found to have violated constitutional rights ranging from equal protection to separation of powers.

Even though his party controls both houses of Congress, President Biden has yielded to demands for excessive executive orders. The result has been a series of losses that established damaging precedent for his successors. While there also have been successes in courts, Biden’s losses will have a lasting impact on his legacy and his office. It is certainly nothing to boast about with Jimmy Kimmel, but it is also nothing to ignore.

 

 

57 thoughts on “Biden: “I Don’t Want to Emulate Trump’s Abuse of the Constitution” Despite Losing a Series of Court Fights”

  1. iowan2: I would like to see Amy Robach question and compile some. She had compiled a Billy Clinton Jeff Epstine report about two years back and ABC killed that report. It is beyond amazing as to why somw reports on the Epstine escapades and escapaders have not been leaked. I have a big hunch as to why.

  2. Biden is correct. Inflation is effecting gasoline and food prices. One would like to think that he could extrapolate that higher gas prices would effect the pricing of everything hauled by a truck to the places where we shop. Inflation caused by a shortage of fossil fuels even effects the price of a hair cut. The question is, is this something that Biden just doesn’t understand or does he indeed understand it and he is just trying to pull the wool over our eyes? Biden went on the Kimel show so he could see his reflection in little Jimmy’s sheep eyes. No one could be so stupid. Then again, maybe I’m wrong.

  3. The optics of a grown man trying to take a victory lap in a kiddie pool do not have the desired cachet, as the Biden team is discovering.

  4. “The point is not that the Biden Administration lacks good-faith arguments in some of these area but rather Biden seems unaware or unconcerned about a litany of losses in the courts.”

    The man is delusional. Biden has told so many lies, so often, with never a pushback or correction, that he actually believes his own lies.

    Biden and his people (fake news media included) constantly yammer about all the Trump lies, conspiracy theories and misinformation, and even created a Ministry of Truth to control the disinformation flow — yet it is Biden himself and the people around him who are the biggest purveyors of lies and misinformation.

  5. The man needs help. You really have to winder whether Jill and Susan Rice are running things

    1. Obama is pulling the strings through his surrogates like Susan Rice. He is making Joe Biden “The Worst President Ever”. Carter moves to number 3 and Obama checks in at the “next worst” President after Biden!

  6. Personally I think the Democrats are intentionally ram their popular social justice policies down our throats so they have to get rejected by the courts as being illegal or unconstitutional to project their false narrative that the courts are corrupted and need to be completely overhauled or eliminated because they won’t allow the Democrats to do what they want.

    If you think I’m wrong, then prove me wrong. 😉

  7. If the greatest majority of American voters should ever come to appreciate that they are to be governed by the Constitution and not by presidents, political parties would be shown for the illiberal institutions they are. Having experienced the likes of both Trump and Biden, are we not yet ready to fold our hands and cash our chips?

    I have no use for Jimmy Kimmel enough to watch his show, but I understand that Biden also tried to play down inflation by saying it is but a constant irritant that mainly affects food and gasoline. Someone should tell Joe that food and gasoline will always be of the greatest importance to persons not as secure and wealthy as he and Jimmy.

    1. Biden’s first day in office EOs fulfilling his camoaign promises to kill fossil fuels are beyond telling for the largest portion of high inflation. He lies either intentionally or due to loss of coginative abilities. He has performed more 180 degree turns than Joe Liberman, and that is a large amount. It is now established that the Dems attempted a coup against DT from the time he became the Repub canidate. I would wager and allege from Obama on down (CIA< DOJ< FBI< Intelligence agiences, etc) as Susan Rice indicated Obama wanted to be kept in the loop and go by the book. As for the Dems and the Constiotution, I would say JB should be Imeached and removed for the Southern Border illegal invasions, for starts.
      There is Schumer encouraging insurrection by: Schumer to Kavanaugh and Gorsuch: ‘You Will Pay the Price’ – ‘Won’t Know What Hit You’ if You Make ‘Awful Decisions’. If a decision is made by the SC and is not to Dems liking, as Hillary would say; There will be hell to pay". So you best prepare for the Dem Economy destroying edicts, and the forthcoming Economic Reset, that will turn into a dystopian country.

    2. “. . . inflation . . . mainly affects food and gasoline.”

      And clothes, vacations, rents, rental cars, toys, gardening equipment, electronics, plane and train and bus fares, lumber and housing supplies, wages, new and used automobiles, repair and professional services — i.e., anything with a price.

      But other than that, it’s not that big of a deal. Or it’s “transitory.” Or it’s Putin’s or Covid’s fault. Or just shut up and be mesmerized by the Jan. 6 circus.

  8. A Supreme Court Justice was nearly assassinated and the MSM enthusiastically cover Biden appearing on Jimmy Kimmel for resuscitation of a presidency that is rigor mortis.

    The assassination attempt followed years of politicians like Chuck Schumer, Kamala Harris, Nancy Pelosi, Maxine Waters, etc, using hateful rhetoric inciting violence, and thousands of others (e.g. BLM ANTIFA, legacy media) modeling violence since Trump’s Inauguration Day. Americans should not give Biden, Congressional Democrats and corrupt Republicans a pass. If they will go after a SCOTUS Justice and his family, they will come after any of us

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  9. He really is a negative thinker who spends an awful lot of time thinking about Trump. He doesn’t seem to have any positive ideas of his own or from a former Democrat that he obviously would be fond of. That Trump needle is stuck on the record and it looks as if Joe cannot move on and do his own thing as long as it’s not dangerous.

    1. He really is a negative thinker who spends an awful lot of time thinking about Trump.”
      *********************************
      In football, we call that “hearing footsteps” as in the safety is right on my tail and ready to level me from behind with a bone-jarring tackle. Trump is on his tail and I, for one, an hoping for an epic horsecollar.

  10. The Biden Administration’s dismal record on judicial challenges to executive orders illustrates that it is willing to advance its chosen agenda at the expense of taxpayers. It appears that the orders are crafted and signed by the President without any meaningful legal analysis of the likelihood of success on the merits if challenged in the courts. On the day of his inauguration President Biden was shown signing a stack of executive orders that had probably been in the can for weeks. Did he read each one before signing it? We’ll never know. But the fact that he expressed the opinion that his record compared favorably to that of his predecessor during an interview with a comedian illustrates just how unmoored he is from reality.

  11. The modern Democratic party remind of that spoiled brat in Willy Wonka singing I Want It Now!

    1. “. . . singing I Want It Now!”

      That’s perfect.

      They really are like spoiled brats stomping their feet at reality.

      Afghanistan? — a smashing success. Inflation? — doesn’t exist or is “transitory.” Rampant crime? — But, but “white supremacists.” Racism? — only when you practice it, and we’ll tell you when that is. CRT? — not in the schools (and if it is, it’s a good thing). Jan. 6? — Pearl Harbor. A Disinformation Governance Board? — that protects free speech. Some 350 riots in 2020? — But, but Kyle Rittenhouse. “Climate change?” — destroy your energy industry, NOW!

      That party is a theater of liars.

  12. It would be a mistake to say that Biden went on a comedy show and lied about his record. More accurate to say Biden has no memory of his record and the comedian has no knowledge of it, being a comedian not a reporter and a supporter not a critic. This interview, the only one the White House has risked in 118 days with no teleprompter available for the president, truly is a case of the blind leading the sightless. Does anybody expect Biden to become less senile in the next two years? Do they think the ineffectuality of this White House is not related to his senility?

    1. “It would be a mistake to say that Biden went on a comedy show and lied about his record.More accurate to say Biden has no memory of his record and the comedian has no knowledge of it, being a comedian not a reporter and a supporter not a critic. ”
      ***************************
      I’d say Biden IS a comedy show and the lies are a big part of the routine.

  13. Democrats are creating a Fascist State…where the DOJ, Media, Companies, Government will destroy all that don’t agree with them!
    DOJ/FBI are already 100% Corrupt!

  14. Because he wouldn’t be able to handle REAL questions. He needs to go to a partisan idiot who wears blackface and asks young girls if they can guess what the bulge in his pants is.

  15. During the Kimmel interview, you could see if you were watching very closely when Joe was mentally fully present and when he was drifting away –

  16. What I find hilarious is that the Biden people think that they need to get him “out there” more so that the voters can see the man himself. This is laughable. The “interview” was pure Biden, halting, non-sequitur filled, rambling and incoherent. As a more conservative person I say let the people see the old fool, let them witness for themselves his inability to string a sentence together, he outright lies and fabrications and his ugly partisanship.

    Imagine that the “president” went over 100 days between “interviews” and it was from a verbal massage before the Superbowl until a verbal massage during the NBA Finals. The media in this county should be ashamed of themselves.

    1. HullBobby,
      IF their intent was to get him “out there,” after watching some of that softball of an interview, I can see why they kept him from doing any interviews for 118 days.

      Good grief, who is in charge at the WH?
      I felt sorry for Biden. It was like watching an elderly uncle at Thanksgiving, clearly on the decline trying to tell you a story he has told a hundred times, but failing and getting lost at what he was saying.
      Come 2024, IF he runs for reelction, I can see the GOP candidate winning, but not that he/she is the better choice, but the Dems and Independents stayed home.

      1. Upstate, I cannot feel sorry for a man that is intentionally ruining our country. From energy policy to the border to crime to feckless foreign policy to nasty partisanship this man is a menace to us all and I will never feel badly for his obvious dementia.

    2. “The Biden people think they need to get him out there,” is not actually what is happening. The Biden people want to see him back in his basement, but the charade is that “Biden wants to get out there.” In reality, neither Biden nor his people want him out there. They are hoping that their plans for November’s ballots, will win the day, and they realize that the more he gets out, the worse chance they have to keep the House and the Senate. The media, who would be screaming at any GOP President for not having more Presidential interviews, are complicit and silent on the subject.

  17. Lefties don’t care about either law or the Constitution (and arguably care even less about justice).

    But then most lefties are both hypocrites and morally deficient.

  18. Does anyone on this blog believe that a reporter would have done a better job than a comedian?

    1. Manuel, you will need to define reporter. If you are talking about some little screaming boys/girls from the Washington Post or CNN then no, it would be no different. If you mean an actual old fashioned reporter then yes, it would be different. Of course these days it is getting harder and harder finding a good old fashioned REPORTER.

      1. I agree 100%. If we actually still had the old fashioned ones in the MSM, we would not have this radical White House full of unqualified ideologues who will tell you with a straight face that they cannot define what a woman is.

          1. Beri Weiss would be great. She has the bona fides from the left, but the fire in the belly of a person that has discovered those she thought she could trust, just used her to wipe their arse.

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