Sam Graves-Fighting Executive Overreach

April 15, 2024

Dear Friend,

Few things are more frustrating in government than unelected bureaucrats asserting authority they don’t have, but time and time again we see the Biden administration attempting to sidestep Congress through executive action. That’s just what happened in November of last year when the Federal Highway Administration (FHWA) finalized a rule forcing state highway departments to measure greenhouse gas (GHG) emissions on the highway system and set declining targets.

FHWA’s final rule would have encroached on state DOTs’ authority and flexibility to meet the needs of their states. Not to mention that Congress debated language authorizing this type of measure during the development of the Infrastructure Investment and Jobs Act, but ultimately rejected it. The Biden administration decided, without authority or mandate, that Congress was wrong and they could do what they wanted.

Earlier this week, the U.S. Senate passed a measure to reject the Biden administration’s attempt to ignore the letter of the bipartisan infrastructure law and impose its extreme climate agenda on states across the country. This legislation rolls back this foolish FHWA rule and sends a clear message to the administration that we will continue to hold them accountable for executive overreach. I was proud to help introduce an identical measure in the U.S. House of Representatives earlier this year.

In the meantime, this overreach was thankfully recognized and overturned by two separate courts in lawsuits brought by a group of states suing the administration. The courts rightfully recognized that a “federal administrative agency cannot act without congressional authorization.”

The bottom line is that President Biden continues to thumb his nose at Congress, the Courts, and everyday Americans to achieve his far-left goals. Whether it’s highway emissions rules, student loan debt transfers, or WOTUS, it seems the President thinks it’s his way or the highway. Congress will continue to reject the Administration’s bureaucratic overreach and hopefully the courts will continue to do the same. That’s why we have three branches of government.


Sam Graves