The IRS may not unilaterally expand its authority through such an expansive, atextual, and ahistorical reading of” the law. The Court of Appeals for the District of Columbia Circuit used these words in a Feb. 11 ruling that struck down an Obama administration regulation on tax preparers.
Federal judges should copy this phrase and be ready to paste it into rulings — sometimes replacing “IRS” with “Health and Human Services” — as President Obama continues to act as legislator in chief, making and amending laws as he sees fit, separation of powers be damned.
In the same week Obama illegally delayed the employer mandate and out of thin air created a bizarre loyalty oath to administer to companies suffering from Obamacare, a federal court unanimously smacked down his IRS for executive overreach.
The latest IRS case wraps in a tight ball all of the defects of Obama’s governing style — the constantly revolving door between private and public sectors, a rogue IRS, skirted ethics rules, burdensome regulations that crush Mom and Pop and favor big business, and, above all, the usurpation of Congressional prerogatives by the executive branch.