The LA Riots Aren’t Gavin Newsom’s Biggest Defeat—That’d Be the EV Mandate

Gov. Gavin Newsom‘s doppelganger came and went very quickly.

If you missed it, that was the version of Newsom posturing as a moderate bravely willing to antagonize the extreme left of his own Democratic Party. This process began sometime in March when the Newsom imposter said during a podcast that it was “deeply unfair” for biological males to participate in female athletics. He also launched initiatives to clear up homeless encampments and clear up the streets in parts of California. Newsom even went so far as to propose a freeze on healthcare enrollments for illegal aliens.

Yes, the California governor is clearly gearing up for a 2028 presidential run that necessitates feigned policy pivots. But the problem now is that the real Gavin Newsom has suddenly reemerged. Some will say he pulled back his stand-in during the Los Angeles riots these past few days when he felt the reflexive need to apologize for lawlessness. In fact, the doppelganger was cut loose when U.S. Senate Republicans reasserted self-government in Washington D.C.

That moment came on May 22 when elected officials told unelected bureaucrats to go pound sand while overturning three vehicle emissions waivers the Biden administration granted to California. Senate Republicans made use of the Congressional Review Act to revoke the waivers including one that would have enabled Newsom’s California to set a nationwide electric vehicle mandate. The Congressional Review Act enables elected lawmakers to review and potentially overturn federal agency rules. On May 1, the House passed resolutions of disapproval under the act aimed at overturning the California waivers.

Sen. John Thune of South Dakota, the Republican majority leader, quickly made it clear that he would finish what his House colleagues started. The Senate vote against the EV mandate was 51–44, with Democratic Sen. Elissa Slotkin of Michigan joining Republicans. The votes overturning the other two waivers were along party lines.

A little background:

In response to a request from three Senate Democrats, the Government Accountability Office had issued a memo claiming the waivers did not meet definition of what qualifies as a rule that could activate the Congressional Review Act. Senate Parliamentarian Elizabeth MacDonough chimed in with her own commentary backing up GAO’s opinion. Thune to his ever-lasting credit decided it was high time to reassert congressional authority over unelected bureaucrats out to do Newsom’s bidding.

Restoring Self-Government

Tom Pyle, president of the Institute for Energy Research, a free-market advocacy group, has described the Congressional Review Act as a “great piece of legislation” that can be used to “rein in a runaway bureaucracy and restore constitutional checks and balances.” Newsom feels differently. Nothing brings out a genuine anti-constitutional left winger like a little self-government in action. Newsom went into meltdown mode after he was smacked down by the peoples’ elected representatives. In a press release, Newsom called the Senate’s actions illegal. He has also vowed to sue the Trump administration over—well, what exactly?

That’s the question Kenny Stein, Institute for Energy Research’s vice president of policy, has been asking himself. But if Newsom persists in challenging how the act was used, Stein envisions a scenario where the California governor could open “a can of worms for himself” that boomerangs on the special favors California has been receiving.

“I have no idea what Newsom’s claim is going to be,” Stein said in an interview. “You can’t just sue because you don’t agree with a policy that’s not how the courts work, and that’s not the way our system works.”

But if Newsom persists, Stein sees a potential opening for the courts to scrutinize the constitutionality of the California waivers. Under the Clean Air Act, the EPA has the authority to create emissions standards for new motor vehicles. The agency also has latitude to grant California a special waiver to impose even more stringent standards for the purpose of addressing pollution problems that are localized and unique to that state. But since other states can adopt California’s stricter emissions standards, the waiver could have resulted in nationwide mandates compliments of Newsom. As it stands, 11 states have already been following California’s lead with vehicle regulations.

If Senate Republicans had not been willing to make use of the Congressional Review Act, Newsom would have been in position to ban the purchase of gas-powered vehicles across the country—beginning in 2035—in line with California standards. For the moment, the aspiring presidential contender in Sacramento has been held at bay. The Trump officially signed off on the resolutions revoking the EV mandates on June 12. But Stein is expecting another showdown at some point.

“The California waiver issue is clearly not going away because California keeps indicating they want to push the envelope and dictate motor vehicle standards to other states,” Stein said. “At some point, I think the U.S. Supreme Court is going to need to weigh in.”

In 2024, Institute for Energy Research submitted an amicus brief in a case out of Ohio before the U.S. Supreme Court challenging the legality of a special waiver California received under the Obama administration.

In the brief, Institute for Energy Research argues that the federal government must treat all states equally under the Constitution, a principle grounded in federalism and historical jurisprudence. Thus far, the high court has declined to take up the organization’s constitutional questions and is instead focused on who might have standing in the case.

“What’s interesting here is that Newsom is doing the inverse of what we did with our amicus brief,” Stein observed. “We are saying all states need to be treated equally but Newsom is asking for preferential treatment with the waiver. He may be opening a can of worms for himself, because there’s a case to be made that the California waiver is itself unconstitutional.”

As a counterbalance to the California mischief, Institute for Energy Research organized the Save Our Cars Coalition back in 2023, which now includes more than 40 national and state-based organizations committed to safeguarding American consumers’ freedom to choose the car or truck that perfectly suits their needs. The signature Trump just attached to the congressional resolutions nixing the Newsom mandates marks an important triumph for the coalition.

The Senate’s principled use of the Congressional Review Act also has the added benefit of flushing out the real Newsom. If he wants those mandates, he’ll have to make it to the White House.

This article was originally published by RealClearEnergy and made available via RealClearWire.

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