Biden's unpopular agenda leads to doing it with executive orders followed by pushback from states, courts
It appears Biden is just dispensing with Congress altogether and is going to attempt to govern the country by executive fiat. I believe one of the main reasons for this is that the expected “blue wave” for Democrats failed to materialize this past November. Had Democrats increased their control of the House, Biden very likely would be pursuing a path through the Congress.
Expecting to pick up a slew of seats in the House, the Democrats instead lost 12 seats, and the party’s control of the House chamber has now been reduced to a mere 10 votes, 221 Democrats to 211 Republicans. At the end of the previous Congress, Democrats had held a commanding 233–195 lead of 38 seats.
Biden doesn’t seem to feel confident he can get his agenda passed through the Congress, especially since the more the nation finds out what his agenda actually is, the more unpopular it becomes.
This was always the key weakness in the strategy the Democratic Party decided to pursue—installing an elderly, frail president through what appears to have been election-rigging and fraud, and then trying to manufacture the illusion of widespread popular support for him after the fact.
You must have popular support in the Congress to get your agenda through both of the chambers. And it’s becoming evident just after one brief month that the national popular support for the radical Biden agenda doesn’t exist.
You can loudly boast that you have an overwhelming mandate because supposedly 81 million Americans voted for you, but putting that claim to the test by placing your mandate in the hands of the U.S. Congress is another matter.
Biden choosing to go the executive order route thus far seems to show he has no assurance of getting bills successfully passed by an increasingly vulnerable Democrat House majority.
The good news is that the next Republican president will be able to reverse what Biden has done with these executive orders and executive actions thus far.
Former President Barack Obama famously boasted after Democrats lost control of the House in the 2010 midterm elections that he’d just use his pen and his phone to enforce his agenda on the country, bypassing the Congress completely.
But it was exactly this reliance on his pen and his phone that made Obama’s impact on the federal government transitory and so easily reversed when Donald J. Trump replaced him.
And now Biden is making the exact same mistake.
So one of the big weaknesses of trying to govern by executive fiat is that the next person can easily reverse much of what you did.
A second major weakness is that even your executive actions and orders must past constitutional muster in the federal courts. Many of Obama’s failed to meet that test, though you didn’t often hear about it. It will be the same for Biden.
Obama was blocked by the courts on what he wanted to do far more than most people realize. The big corporate media outlets didn’t see any value in focusing national attention on the Obama White House’s court defeats. And that was before Trump added more than 300 judges to the federal bench, including three to the Supreme Court.
This time around as the “election-fortifying cabal” that installed Biden in office attempts to follow the Obama pen and phone strategy, they’re going to find it much tougher going than it was back in 2008–2016 when it comes to bypassing the Congress.
While much of the right-leaning media is endlessly wringing its hands over Biden’s executive actions, the good news is that a coalition of states and federal courts are already moving to block him. This will be where Trump’s 300+ federal judges are going to pay off.
When the Health and Human Services Department attempted to implement a new nationwide mandate to force doctors to perform sex-reassignment surgery despite any religious or ethical objections they might have had to participating in such procedures, a federal judge quickly blocked it.
U.S. District Court Chief Judge Peter D. Welte ruled that such a mandate coercing doctors to participate in sex-change operations was a violation of their First Amendment rights.
There is much more.
The weakness in relying on the Supreme Court is that Roberts and some of the Republicans on the court will not ever be considered profiles in courage at their current pace. They look like squishes who are willing to jump through hoops to avoid a decision. When it came to election integrity cases they were mostly AWAL with the exception of Clarence Thomas and Samuel Alito. The Trump judges in the District courts have been much better.