Democrats Turn to Legally Dubious Ruling Coauthored by DEI Activist To Protect California's EV Mandate

Democrats are relying on a recent memo from the Government Accountability Office to argue that President Donald Trump and congressional Republicans can't pass a bill repealing a Biden-era waiver allowing California to mandate electric vehicles in the state. But legal experts say the memo—whose authors include a prominent DEI activist—isn't legally binding and relies on dubious reasoning.

The Government Accountability Office—which conducts audits and analyses for Congress but has minimal legislative authority—published the memo earlier this month just two weeks after Democratic senators Adam Schiff (Calif.), Alex Padilla (Calif.), and Sheldon Whitehouse (R.I.) asked it to investigate the issue. Media outlets then reported that the memo determined a bill to reverse the Biden-era action is "illegal" and that the office, therefore, "blocks" such a bill.