Court Blocks Biden Junta's Newest Crusade, Taking Away People's Washing Machines

You will be made to live like a Mennonite. Well, an unemployed Twitter activist transgender prostitute Mennonite.

The U.S. 5th Circuit Court of Appeals pushed back this week on a Biden administration effort to tighten regulations on dishwashers and washing machines.

In 2022, President Joe Biden issued an executive order on his first day in office that led to the Department of Energy replacing a less strict Trump-era rule on those appliances with a more stringent rule for energy and water use.

Critics lamented the much longer amount of time needed for cleaning under the Biden rule and said Americans were paying more for the appliances that left the clothes and dishes less clean.

"This decision allows manufacturers to build better dishwashers, not be encumbered by counterproductive federal regulations," said Devin Watkins, an attorney for the Competitive Enterprise, a group that helped lead the pushback on the Biden administration's new rule.

The critics filed suit against the Biden administration, and the court ruled in against the Biden administration, suggesting the DOE violated federal law with its effort and may not have legal standing to regulate the appliances nearly as much as the agency has claimed.

The court ruled that it "is unclear that DOE has statutory authority to regulate water use in dishwashers and clothes washers."

"But even if DOE has water-usage authority over the relevant appliances, the Department...failed to adequately consider the negative consequences of the Repeal Rule, including the substitution effects of energy-and-water-wasting rewashing, prewashing, and handwashing," the court ruled. "And in all events, the 2022 DOE...failed to adequately consider the impact of the energy conservation program on 'performance characteristics.'"

Fresh off of targeting Elon Musk, Biden's partisan thug at the SEC is now targeting Rumble.

I guess it's all just a coincidence that Biden's Handlers are constantly using government law enforcement power to harass and imprison Biden's political enemies, huh?

I sure hope a Republican doesn't get elected -- imagine, a Republican might use the power of the federal government to target leftwing journalists and other enemies. The horrors of such Bad Fascism (TM)!

President Joe Biden's Securities and Exchange Commission (SEC) is investigating video platform Rumble for undisclosed reasons, the agency confirmed to Wired on Monday.

The SEC's acknowledgment of the investigation to Wired comes after an April report by investment research firm Culper Research alleging that Rumble boosts measurements of its monthly active users (MAU) by 66% to 108%, which the company vehemently denies. Culper Research disclosed its "short" position on Rumble at the time of the report's release, indicating potential profit if Rumble's stock falls.

This observer says the short seller -- someone who bets on the price of a stock falling (and who will suffer major losses if the stock price rises) -- is making up a negative story and feeding it to the SEC, so that the SEC will then investigate the company -- and cause Rumble's stock price to fall, thereby making the short seller rich.

Chris Pavlovski @chrispavlovski

The playbook to try and destroy $RUM (Rumble)

A short seller creates a bogus report and sends it to the SEC. The SEC investigates the bogus report. Then the short seller talks to the media to get a story about how the SEC is investigating the report that started with him. The media happily writes the story.

The report is bogus, but that doesn’t matter—it’s all to get investors to sell the stock so the short seller profits.

Good news, it won’t work. We saw the attacks coming, and we prepared for them. Prior to going public, we chose to use Google Analytics to track and report our MAUs, so we could be ready for this very moment.

This is just the start, they’re coming for us in 2024. They can't stand Rumble's mission, but they are going to learn quickly how hard we punch back.

These are only the most recent cases of Biden's Handlers abusing "regulatory" power to punish disfavored speech, people, products, and companies.

The Fifth Circuit just rejected the FDA's galling "surprise switcheroo." The FDA announced very costly hurdles that vaping products would have to clear to gain FDA approval. Companies spent millions to clear these hurdles.

Then the FDA turned around and said,"Nah, we were just kidding, we're never going to approve any of your products and we just made you spend millions for no reason."

En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo" Another significant court loss for the Food & Drug Administration's arbitrary approach to regulating vaping products.

Jonathan H. Adler | 1.3.2024 4:31 PM

Today, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited en banc decision in Wages and White Lion Investments, L.L.C. v. Food & Drug Administration, in which it considered a challenge to the FDA's denial of vaping product applications. By a vote of 10-6, the court handed the FDA a substantial loss, and deepened the circuit split over the FDA's handling of vaping product applications.

...

[S]itting en banc, the Fifth Circuit has again ruled against the FDA, taking the agency to task for its arbitrary treatment of Wages & White Lion's product applications and, by implication, those submitted by dozens of other manufacturers as well.

...

Judge Oldham's opinion begins:

Over several years, the Food and Drug Administration ("FDA") sent manufacturers of flavored e-cigarette products on a wild goose chase.

First, the agency gave manufacturers detailed instructions for what information federal regulators needed to approve e-cigarette products. Just as importantly, FDA gave manufacturers specific instructions on what regulators did not need. The agency said manufacturers' marketing plans would be "critical" to the success of their applications. And the agency promulgated hundreds of pages of guidance documents, hosted public meetings, and posted formal presentations to its website--all with the (false) promise that a flavored-product manufacturer could, at least in theory, satisfy FDA's instructions. The regulated manufacturers dutifully spent untold millions conforming their behavior and their applications to FDA's say-so.

Then, months after receiving hundreds of thousands of applications predicated on its instructions, FDA turned around, pretended it never gave anyone any instructions about anything, imposed new testing requirements without any notice, and denied all one million flavored e-cigarette applications for failing to predict the agency's volte face.

Worse, after telling manufacturers that their marketing plans were "critical" to their applications, FDA candidly admitted that it did not read a single word of the one million plans. Then FDA denied that its voluminous guidance documents and years-long instructional processes meant anything. Why? Because, the agency said, it always reserved the implied power to ignore every instruction it ever gave and to require the very studies it said could be omitted, along with the secret power to not even read the marketing plans it previously said were "critical."

...

FDA justifies its behavior with two principal arguments. First, FDA argues that its years' worth of regulatory guidance was not worth the paper it was printed on because it was hedged with cautious qualifiers and never guaranteed that any particular submission would be granted. Second, and most disturbingly, FDA argues that its capriciousness should be forgiven as harmless because the agency promises to deny petitioners' applications even if we remand to make the agency follow the law.

Today we reject both propositions. As the Supreme Court recently reminded us: "If men must turn square corners when they deal with the government, it cannot be too much to expect the government to turn square corners when it deals with them." Niz-Chavez v. Garland, 593 U.S. 155, 172 (2021). No principle is more important when considering how the unelected administrators of the Fourth Branch of Government treat the American people. And FDA's regulatory switcheroos in this case bear no resemblance to square corners.

The only square corners the fascist US government is turning are those needed to form the Nazi swastika.

posted by Disinformation Expert Ace at 03:30 PM

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