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Tuesday, March 17, 2026

BY MEGAN SCHRADER
MSCHRADER@DENVERPOST.COM / @MEGANSCHRADER

Any president of the United States cannot unilaterally dismantle and end a congressionally funded program simply because he or she doesn't like it — that is called arbitrary and capricious, and the U.S. court system has routinely rejected federal actions it has found to be unpredictable and unfounded.

This basic principle of arbitrary and capricious was established in the Administrative Procedures Act in 1946, and the courts have upheld this protection from a government wielding power for the sake of power for 80 years.

Now that we've established that the federal government cannot act without a clear reason and purpose, let's consider the lawsuit filed to prevent Trump's administration from dismantling NCAR and selling off its assets in Boulder to the highest bidder.

For the executive branch to take such a dramatic action, it would have to meticulously document the reasons behind the action. The National Center for Atmospheric Research is congressionally funded.

Instead, what we have are the president of the United States and officials operating under his direction, routinely failing to articulate a good reason for NCAR being shut down. The president himself has tied the decision and other negative actions in Colorado to political anger at the state.

Anyone who feels the gut instinct to defend the president's actions — surely, he must have had a reason other than Tina Peters and mail ballots — should read the full lawsuit filed against Trump's administration. Lays out the case against allowing the president to unilaterally tear down federal agencies as punishment for political fights or slights very clearly.

Want to sound off on a topic? Tap here to submit a letter to the editor or email your letter to openforum@denverpost.com.


Joe Heller, hellertoons.com

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