Press Briefing

Jun 23, 2010

Implementing the Affordable Care Act
http://www.youtube.com/watch?v=_7vQ4KWXzMc

The "government needs to be removing itself from the private sector"
http://online.wsj.com/article/SB10001424052748704853404575322931249166908.html

The White House Blog - The Affordable Care Act -- Benefits and Weights Being Lifted
http://www.whitehouse.gov/blog/2010/06/22/afforadable-care-act-benefits-and-weights-being-lifted

$100,000 Is Plenty for Deposit Insurance - Raising the cap will enhance the ability of weak banks to expand their deposit base and cause trouble for the FDIC
http://online.wsj.com/article/SB10001424052748704050804575319051157716956.html

America and the Middle East in a New Era
http://www.state.gov/p/us/rm/2010/136721.htm

Obama's Moratorium, Drilled. WSJ Editorial
http://online.wsj.com/article/SB10001424052748704853404575323203174960586.html
A federal judge instructs the White House on the rule of law
WSJ, Jun 23, 2010

As legal rebukes go, it's hard to get more comprehensive than the one federal judge Martin Feldman delivered yesterday in overturning the Obama Administration's six-month moratorium on deep water drilling in the Gulf of Mexico.

In a remarkably pointed 22-page ruling, the judge made clear that even Presidents aren't allowed to impose an "edict" that isn't justified by science or safety.

Oil-services companies brought the case, which is supported by the state of Louisiana, arguing that the White House ban was "arbitrary and capricious" in exceeding federal authority, and Judge Feldman agreed. He noted that even after reading Interior Secretary Ken Salazar's report on safety recommendations (which included the ban), and Mr. Salazar's memo ordering the ban, "the Court is unable to divine or fathom a relationship between the findings and the immense scope of the moratorium."

Quite the opposite, said the judge, "the Report makes no effort to explicitly justify the moratorium." It does "not discuss any irreparable harm that would warrant a suspension of operations" and doesn't provide a timeline for implementing proposed safety regulations. There is "no evidence" that Mr. Salazar "balanced the concern for environmental safety" with existing policy, and "no suggestion" that he "considered any alternatives." The feds couldn't even coherently define "deep water." Ouch.

As these columns have argued, the judge said that the illogic of the moratorium is that "because one rig failed and although no one yet fully knows why, all companies and rigs drilling new wells over 500 feet also universally present an imminent danger." Because this will cause "irreparable harm" to jobs and to domestic energy supplies, such a sweeping ban couldn't stand.

The judge also went out of his way to express "uneasiness" over the Administration's claim that its safety report (which recommended the ban) had been "peer reviewed" by experts. Those experts have since publicly disavowed the ban, explaining that the ban was added to the report only after they had signed off on an earlier draft. White House green czar Carol Browner dismissed their complaints, saying "No one's been deceived or misrepresented."

But Judge Feldman directly contradicted Ms. Browner, describing the report's claim of "peer review" as "factually incorrect." Moreover, the Administration's "hair-splitting explanation" of what the experts did or didn't support "abuses reason, common sense, and the text at issue."

The judge's other public service was to list the environmental groups that had joined the Administration's defense against the suit. They included the Natural Resources Defense Council, whose president, Frances Beinecke, has been appointed by President Obama to his deep water drilling commission. Ms. Beinecke ought to resign.

The Administration says it will appeal, but the thorough-going nature of the judge's ruling suggests the Administration will need a much better legal and substantive case to prevail. It would do better to use the ruling as an excuse to drop its purely political ban and stop compounding the spill's damage to the people and economy of the Gulf.



Bosnia and Herzegovina: Promoting Security By Destroying Conventional Weapons
http://blogs.state.gov/index.php/site/entry/bosnia_herzegovina_conventional_weapons

Orszag Adieu - The 'cost curve' bent the budget director
http://online.wsj.com/article/SB10001424052748704853404575322850840791986.html

Geithner & Summers: Our Agenda for the G-20 - Countries should work to stabilize debt levels, enact new financial regulation, and reduce their dependence on fossil fuels
http://online.wsj.com/article/SB10001424052748704853404575322791729932502.html

Blowouts Will Not Always Be Prevented - We are curiously unwilling to acknowledge known risks
http://online.wsj.com/article/SB10001424052748704853404575322760763424460.html

Why McChrystal Has to Go - It is intolerable for military officers to mock senior political officials, including ambassadors and the vice president
http://online.wsj.com/article/SB10001424052748704853404575322800914018876.html

Fire McChrystal Pronto
http://progressive.org/wx062210.html

IER Statement on Court Order Overturning Obama Admin. Deepwater Drilling Ban
http://www.instituteforenergyresearch.org/2010/06/22/ier-statement-on-court-order-overturning-obama-admin-deepwater-drilling-ban/

The White House Blog: Building Regional Energy Innovation Cluster
http://www.whitehouse.gov/blog/2010/06/22/building-regional-energy-innovation-clusters

Daddy Was Only a Donor - A new study paints a troubling portrait of children conceived by single mothers who chose insemination
http://online.wsj.com/article/SB10001424052748704324304575306851423563346.html

China Currency 2.0: Yes, Change Really Is Coming
http://blogs.forbes.com/china/2010/06/21/china-currency-2-0-yes-change-really-is-coming/

Conservatives: Time to Dump the Afghanistan Timeline
http://blog.heritage.org/2010/06/22/morning-bell-time-to-dump-the-afghanistan-timeline/