Big Wins for Federalism (specifically in my own Texas) this week. These make a Dedicated Tenther happy.
First was the ruling by the 5th Circuit that the EPA had overstepped its bounds (color me stunned) in rejecting Texas's flexible permitting program, which is designed to help reduce the costs of compliance with the Clean Air Act. The EPA rejected Texas's plan, Texas sued, and is winning in court.
Second was the ruling (also by the 5th Circuit) lifting a temporary injunction against Texas to prevent us from cutting off funding to Planned Parenthood, and other abortion providers, under women's health funding. Planned Parenthood, which does not actually provide cancer services (they provide referrals, but no actual care), was receiving funding earmarked for cancer care. Texas, accepting a penalty in Federal Funding, decided to withdraw those State funds from PP. When the threat of reduced Federal Funding did not dissuade Texas, Planned Parenthood sued. A Judge issued an injunction to prevent the withdrawal of funding. Standing up for Federalism again, the 5th Circuit removed the injunction, pending the actual trial.
And third is Rick Perry joining other Governors in opposing Barack Obama's unconstitutional usurpation of Congressional Authority by having enacted the DREAM Act by decree. He has instructed State agencies to comply with actual Federal Law, and not issue IDs to illegal aliens.
More on each of these later, but it's just nice to be able to see a few wins for Federalism.
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