It’s Bad

[Valin]

A Plebes Site:

 

4/7/13

 

…when the court pokes fun at a case.

 

In Bayou Lawn, et al., v Department of Labor, Bayou Lawn, the Chamber Of Commerce of the United States of America, the National Hispanic Landscape Alliance, the Silvicultural Management Associates, Inc., and the Professional Landcare Network, among others, objected to a number of wage rules and bureaucratic requirements related to the H-2B visa program that had been promulgated by DoL. Among other things, these groups doubted DoL’s authority even to write such rules.

 

(Snip)

 

 

A Federal court in Florida agreed and enjoined DoL from enforcing its rules. DoL appealed, even while conceding that it had no actual authority for promulgating these rules.

 

(Snip)

 

The 11th Circuit thought this pseudo-reasoning…foolish.

 

We reject this interpretation of “consultation.” Under this theory of consultation, any federal employee with whom the Secretary of DHS deigns to consult would then have the “authority to issue legislative rules to structure [his] consultation with DHS.” This is an absurd reading of the statute and we decline to adopt it.

…

DOL was designated a consultant. It cannot bootstrap that supporting role into a co-equal one.

(Snip)

 

 

Just what is the competence level in this administration?

 

(Snip)