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Wednesday, May 07, 2008

Scientific Interference and the Unitary Executive

Yesterday, the House Judiciary Committee's subcommittee on administrative law held a hearing to investigate how the Bush administration has used rulemaking practices to advance the Unitary Executive Theory .

President Bush and his minions use the Unitary Executive Theory to claim the president has complete control over the conduct of the executive branch, and that he is accountable to no one in exerting said control. Bush's penchant for issuing signing statements and his refusal to accept congressional input in his conduct of the war in Iraq are two examples of this theory.

Federal agency rulemakings also provide an opportunity for Bush to apply the Unitary Executive Theory. Time and time again, the Bush White House has foisted upon agencies decisions that ignore the plain language of federal statutes (for example, EPA's recent revision to the national air quality standard for ozone). After such decisions are made, the White House routinely invokes executive privilege in order to escape the oversight powers of Congress and extend itself beyond the grasp of public accountability.

What's really galling is that, instead of being frank about opposing public protections on their face, the Bush White House frequently attempts to alter the substantive considerations that inform regulatory decisions. In other words, officials inside White House offices, such as OMB, meddle with science in an attempt to legitimize their political opinions.

Rick Melberth, OMB Watch's director of regulatory policy, testified at the hearing, and summed up the problem:

The application of the unitary theory as it is practiced in this administration and framed in executive branch directives gives the president, and a cadre of employees that represent the president, control over the substantive decision making of agencies. As a result, politics is injected and elevated into decisions where science and rational judgment should prevail. Political appointees have greater control over the substance of regulations; politics supersedes scientific and technical information that is critical to protecting our environment and health and safety at home and in the workplace. ...

When the president has the ability to override this statutory delegation of authority, the balance of power between Congress and the Presidency is altered. There is the perception, if not the reality, that special interests are favored heavily over the needs of the public. This process does not lead to better rules and public protections. When the president makes a substantive regulatory decision based on political considerations, scientifically-based protective standards are vitiated.