5th Circuit announces takeover of Department of Energy

Here we go again:

The decision also strikes down new regulations on washing machines for the same reason: States say their employees use ‘em on the job and want them to work faster.

5th Circuit says: That’s enough for standing!— Mark Joseph Stern (@mjs_DC) January 9, 2024

As silly as the finding of standing is, the 5th Circuit’s position on the merits that any regulation issued by a Democratic administration is “arbitrary and capricious” is even worse! Here’s a representative taste of the American Thinker blog with which the panel justified its holding:

Given the current close party competition the federal judiciary is essentially impervious to reform, but the conviction of most Republican federal judges that only Republican administrations are allowed to govern is going to provoke a constitutional crisis sooner or later.