Biden’s First Veto Preserves an ESG Rule

The President overrules a bipartisan Congressional resolution protecting pensions from politicized investments.

Journal Editorial Report: Paul Gigot interviews author Philip K. Howard. Images: Reuters/Zuma Press Composite: Mark Kelly

The press corps is claiming to see signs that President Biden is “moving to the middle” as he prepares to run for re-election. You wouldn’t know it from the first veto of his Presidency, which he used Monday to overrule a bipartisan Congressional resolution protecting retirement savings against politicized investment decisions.

The resolution employed the Congressional Review Act to overturn a Labor Department rule protecting pension funds that invest based on environmental, social and governance, or ESG, criteria. The rule essentially protects retirement-fund managers from lawsuits if their investment choices cause lower returns or losses because the funds indulge in climate-change or social-justice causes. Under traditional fiduciary standards, funds are obliged to maximize returns.

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