Obama's Overreaching Orders?

In his recent State of the Union Address, President Obama addressed Republicans in a 'declaration of independence' from the obstruction and gridlock in Congress. Though he promised a 'year of action' and said that he was 'eager' to work with Republicans on current issues, he was also adamant on others.

'So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that's what I'm going to do.' And he started by issuing an executive order raising the minimum wage to $10.10 for federal contract workers. He proposed incentives for trucks to run on alternative fuels, and new higher efficiency standards for those running on gasoline. (NYT) Obama began the new year with ideas that create the image of 'an America with expanded opportunity.' These were moderate pursuits compared to his proposals to regulate Wall Street, and remake America's health care system from his first term. We don't know successful Obama will be in achieving implementation of his bold proposals; however, the Supreme Court is already scheduled to hear arguments over one of them.

Obama has stated that he is planning to use the EPA to enforce a new interpretation of the CAA (Clean Air Act) to enforce reduction of greenhouse gas emissions from stationary sources. Of course the argument has split down the usual fault lines, with the coal and oil refining states--largely, if not entirely Republican--on one side, and New York and 14 other states on the other.

One of the logical points to be addressed in the Supreme Court arguments over this case will be the degree of reduction and control of the stationary sources: will our fireplaces and BBQ pits be regulated? How about restaurants and laundromats?

The larger picture is that those industries which have historically enjoyed free exploitation and abuse of the environment are now facing regulation and much closer examination of their practices. It is to be ex pected that they will fight tooth and nail to retain the perks and adavantages their enterprises have always enjoyed. This will be framed with an argument whether Obama has overstepped executive privilege and is rewriting parts of the CAA.

While this argument takes this form, the real question is whether the American people and their elected representatives will willingly address the issues that Obama has outlined, and actively make a better future for all of us, or whether the regressive forces will go down defending the status quo. The industries polluting are rich and many Congressional representatives rely on their financial support for their re-election campaigns.

Is it possible for Obama to overcome Republican opposition through executive order alone? How might the Supreme Court dash his attempts to move society forward with these announced proposals?  If he is successful with his use (rework) of the CAA, how will this change the interpretation of the executive order?



New York Times SOtU Article
NYT Climate Change Article