President Obama's latest case of executive overreach has hit a wall: Judge Erickson.
A federal judge in North Dakota acted late on Thursday to block the Obama administration’s controversial water pollution rule, hours before it was due to take effect.
Judge Ralph Erickson of the District Court for the District of North Dakota found that the 13 states suing to block the rule met the conditions necessary for a preliminary injunction, including that they would likely be harmed if courts didn't act and that they are likely to succeed when their underlying lawsuit against the rule is decided.
The decision is a major roadblock for the Environmental Protection Agency (EPA) and the Army Corps of Engineers, who were planning on Friday to begin enforcing the Waters of the United States rule, expanding federal jurisdiction over small waterways, like streams and wetlands.
The EPA has turned into President Obama's favorite agency. The EPA is out of control, as many businessmen will tell you.
More important, the EPA is exhibit A of how President Obama goes around Congress or simply governs without Congress.
As with the immigration order halted by a Texas judge, President Obama is learning that it's tough to govern on a unilateral basis. In other words, sooner or later you will run into a judge who understands the U.S. Constitution.