the orange pig never can understand anything at all..
http://www.forbes.com/sites/evangerstmann/2020/04/15/federal-court-rejects-trump-administrations-attempt-to-lower-the-nutrition-standards-for-school-meals/?fbclid=IwAR2OvHEpi-S8gQzDg88KLcilQCwvTTt4soeGtysaklJN59ZIS4_j-3RBlEg#11b0df8c3478EDITORS' PICK|115,344 views|Apr 15, 2020,02:14pm EDT
Federal Court Rejects Trump Administration’s Attempt To Lower The Nutrition Standards For School Meals
Evan Gerstmann
Evan GerstmannSenior Contributor
Education
I am a professor and publish on constitutional and educational issues.
Even with schools shuttered, many students depend on school-provided meals for their daily nutrition. In an important ruling, a federal judge has just rejected the Trump administration’s effort to seriously dilute the nutrition standards for both school lunches and school breakfasts.
Under Obama, the federal government launched a long term plan to greatly increase the amount of whole grains in student meals, as well as lower the sodium content. The new standards were strongly supported by Michelle Obama as part of her anti-obesity project.
The Trump administration has been consistently hostile to the whole grains/low sodium standards, but it only became clear 2018 just how hostile it is. Initially, the administration’s position was that the standards are burdensome on schools so they needed more time to implement them. The Trump administration also averred that certain schools would need hardship waivers if they found it too difficult to meet the standards. These concerns were reflected in the “Interim Final Rule” promulgated by the administration in 2017.
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In 2018, Trump went much further. The Department of Agriculture issued a final rule that looked very different from the interim final rule that was made available for public comment. It didn’t just extend the timeline and make provisions for hardship waivers. It significantly diluted the substantive rules themselves, cutting back on the requirement for whole grains and allowing more sodium in kids’ breakfasts and lunches. That’s a big deal because, as a federal court has just said, over ninety percent of school children are getting too much sodium. This increases their risk of stroke, heart failure, osteoporosis, stomach cancer, and kidney disease.
This week a federal court struck the new rule down. The judge ruled that “the Final Rule is not a logical outgrowth of the Interim Final Rule.” That matters because, under the Administrative Procedure Act, the public is supposed to have a chance to comment on new rules. But in this case, the public only got a chance to comment on the Interim Final Rule. That is normally fine, but if the final rule is fundamentally different from the interim rule then the public didn’t really get an opportunity to comment on the final rule. That’s a violation of the Administrative Procedure Act.
Given the importance of school-provided meals to low-income kids, this ruling is important in and of itself. But it is also indicative of a broader problem. President Trump and his team do not seem to understand the limitations of their power. This has been recently highlighted by Trump’s claims that he has “total authority” to reopen American businesses by May 1st, despite the fact that America is a federalist system in which states share that power with the federal government.