The Wall Street Journal penned an interesting editorial this week, charging reporters from the Washington Post and New York Times, among others, with launching a “campaign to blame and stigmatize” the judges of the District of Columbia Circuit Court of Appeals.
The reason for the “assault?” The Circuit Court’s review of cases challenging regulations implemented by the Environmental Protection Agency, by the “Dodd-Frank” legislation, and by other federal agencies. The Journal argues that these media outlets are attempting to intimidate the judges in an effort to shield arbitrary and capricious rule-making. It concludes:
The stakes are nearly as high at the D.C. Circuit, which provides the only check on the burgeoning regulatory state. Congress tends increasingly to write ambiguous laws, precisely to give regulators the discretion to impose far-reaching costs on the economny without the legislators having to take responsibility for the vote.
The judiciary has a legal duty to make sure these rules follow the law, both statutory and constitutional, and don’t trample on other rights. Let’s hope the D.C. Circuit judges ignore the liberal intimidation campaign and stick to the law.