The Obama Administration issued regulations on provisions for birth control rules and the Trump Administration intends to carve out some exemptions for religious organizations. To be clear, the Trump Administration is not scrapping the regulations altogether, but making some exceptions. A federal judge in California has blocked the new Trump rules and done so by, surprisingly, treating the Obama era rules as if they were congressionally passed statutes. I wish I was making this up, but I’m not.
David French has a very good piece at National Review on the lawlessness of these federal judges and I share his sentiment that the left is only going to embolden Trump appointed judges to fight back.
Democrats who relish their judicial success should beware. They’re relying on Republican appointees to treat Democratic presidents with greater fairness and integrity than progressive judges have treated the Trump administration. While I hope and expect the vast majority of originalist judges to remain true to their judicial philosophies, we’ve already seen at least one example of what conservative judicial lawlessness can look like: Just last month Judge Reed O’Connor struck down the entire Affordable Care Act. Fortunately, he had the judicial restraint to stay the effect of his order pending appeal.
This is increasingly a problem as progressive judges on the judiciary abuse their powers. You can oppose the regulation. But it is a hell of a thing to decide that one President cannot change regulations passed by a prior President.