Freedom Line Blog

Kudos to the Heritage Foundation for drawing attention to this analysis from the Brookings Institution about President Barack Obama’s unprecedented use of the waiver process to bypass Congress and rewrite education law:

It is one thing for an administration to grant waivers to states to respond to unrealistic conditions on the ground or to allow experimentation and innovation. Similar waiver authority has been used to advance welfare and Medicaid reform going back to the Reagan administration, and to allow a few districts and states to experiment at the margins of NCLB in the Bush administration. It is quite another thing to grant state waivers conditional on compliance with a particular reform agenda that is dramatically different from existing law. The NCLB waiver authority does not grant the secretary of education the right to impose any conditions he considers appropriate on states seeking waivers, nor is there any history of such a wholesale executive branch rewrite of federal law through use of the waiver authority.

If at first liberals don’t succeed, they plead their case to a friendly judge.  Last Friday, a Wisconsin judge granted a temporary restraining order to block publication of the state’s recently passed union law.  (State law requires the Secretary of State to publish the contents of the law to the public in order for the law to be valid.)

The law’s opponents claim Wisconsin Republicans violated the state’s open meetings law by negotiating the substance of the bill outside the normal committee hearing process.  The judge says all Republicans have to do is re-pass the bill with adequate notice (i.e. 24 hours instead of 2).

Where were these process-conscience Democrats when their federal counterparts rammed through ObamaCare while violating almost every legislative procedure?  Where was the outrage when the Reid-Pelosi gang used the budget reconciliation process and ‘deem-and-pass’ to thwart deliberation?  At least Wisconsin Republicans gave their absentee opponents a heads-up.