Independent Agencies

The fastest way to remove FDIC Chair Martin Gruenberg is to confirm Christy Goldsmith-Romero to lead the agency. Republicans say they want to get rid of Gruenberg, so why aren’t they calling for the immediate confirmation of Goldsmith-Romero?

On Tuesday, Judge Alan D. Albright of the Western District of Texas sided with Elon Musk’s SpaceX and ruled that the structure of the National Labor Relations Board (NLRB) is unconstitutional. Specifically, the Judge ruled against the removal protections enjoyed by administrative law judges and the board’s members. The preliminary injunction will prevent the NLRB from pursuing an unfair labor practice charge against SpaceX, but as Matt Bruenig explains, “The real question is going to be what the Supreme Court does once this case makes it to their docket.”

Billionaires and right-wing judges are attacking the NLRB because it protects workers.

Former President Trump has recently sought to distance himself from Project 2025 and its radical proposals, claiming that he knows “nothing about” it, has “no idea who is behind it,” and has “nothing to do with them.” Project 2025 has tried to create some distance as well, maintaining in a recent tweet that it is “not affiliated with former President Trump.” It’s a classic example of drawing a distinction without a difference.

RDP’s Vishal Shankar joined KALW’s Your Call to discuss the Supreme Court’s overturning of Chevron deference and the right-wing Big Money interests that lobbied for the ruling.

Since our last update on January 9, 2024, the rate of confirmations emerging from the Senate has (finally) picked up. While the majority of these confirmations involve nominees that have been pending for nearly nine months or more, their confirmations have put a sizable dent in the total number of expired seats and vacancies remaining across the independent agencies.

It’s certainly true that liberals can believe things that are actually incorrect, but the centrality of criticizing the left detracts from the core part of the argument.

In 2022, Biden’s EPA opened an investigation into Louisiana’s Departments of Health (LDH) and Environmental Quality (LDQ) for failing to sufficiently protect residents of “Cancer Alley”—a strip of predominantly poor, Black communities suffering the dire effects of pollutants spewed from nearby petrochemical plants. To their credit, LDH and LDQ cooperated with the investigation and worked to craft more stringent standards and oversight protocols. Former Louisiana Attorney General Jeff Landry, however, had other ideas. His office filed a lawsuit challenging the EPA’s (clear) authority to pursue its investigation under Title VI of the Civil Rights Act, which allows the government to terminate federal funding for an agency found to have engaged in discrimination. Liz Murrill, Landry’s successor, is picking up the torch to carry on his malevolent agenda. 

The regulatory authority of the executive branch is under attack, and BigLaw firms stacked with revolvers are on the front lines leading the assault. I’ve previously written about former FTC Commissioner Christine Varney challenging the legitimacy of her former employer on behalf of pharma company Illumina. Lawyers at Latham & Watkins, a firm stacked with revolvers from executive branch agencies, are before the Supreme Court challenging the Chevron Doctrine, which defers to executive agencies’ interpretations when legislative statutes are unclear. The Securities and Exchange Commission’s ability to hold administrative proceedings hangs in the balance as we await the Supreme Court’s decision in SEC v. Jarkesy, where the Fifth Circuit’s ruling decimated the agency’s authority. In a new attack, revolvers on the labor/management relations team at Morgan Lewis & Bockius have their sights set on the plutocrats’ latest target: the National Labor Relations Board.

It’s no contest: The Biden administration’s labor policies have been dramatically better for ordinary Americans than those of his predecessor.

This summer saw an extremely slow rate of independent agency nominations coming from the White House, and witnessed also a similarly glacial pace of confirmations emerging from the Senate. While this trend got slightly better over the course of the fall, with the Senate finally making significant movement on the nominations already presented before it, few new nominations have emerged from the White House since July 18, 2023.  

Here’s a resolution for you: stop both sides-ing the deficit debate.