See You in Court

What to know: Fourteen states (including Texas) have sued President Joe Biden over his moratorium on new oil and natural gas leases on public lands and waters.

The TPPF take: The courts can and should be a check on executive branch overreach from the Biden administration.

“Our federal system was designed with effective checks and balances,” says TPPF’s Robert Henneke. “When the executive and legislative branches stray from their lanes, it’s entirely appropriate for Americans to seek relief from the judicial branch. Biden wants to make the rest of America look more like California. Texas — and the Texas Public Policy Foundation — will resist this.”

For more on executive branch overreach, click here.

That Goes for Treasury, Too

What to know: Some free-market groups including TPPF have sent a letter to Treasury Secretary Janet Yellen asking her to respect state powers—and not attempt to unconstitutionally undermine them with the lure of stimulus funds.

The TPPF take: One example of overreach is the stimulus bill’s rule that funds can’t be used to offset tax decreases in any way—even future tax cuts.

“How long will the prohibition on tax reductions in the several states be imposed by the federal government?” the letter asks. “The Act allows for funds to the states to be used through December 31, 2024. This year, two states will elect governors and state legislators. In 2022, 36 states will elect governors, and most will have state legislative elections. Will newly elected officials be precluded from implementing an agenda that includes tax cuts?”

For more on the letter to Secretary Yellen, click here.

Schools are Safe

What to know: The CDC has updated its guidelines and added more evidence that schools are safe and should reopen nationwide.

The TPPF take: School closures and lingering uncertainty about whether they’ll remain open has led to spikes in mental health issues for many students.

“But there’s much we can do now to help our kids to brighter futures,” says TPPF’s Emily Sass. “It begins by recognizing that schools aren’t ‘super-spreaders.’ It’s vital to ensure that schools are open and stay open, safely, so students who are ready can access instruction. Next, we should allow remote learning for those students who prefer it. We must give families more choices, not fewer.”

For more on educational choices, click here.