Tomorrow, the Supreme Court will issue its opinion in West Virginia v EPA. It will actually be one of the biggest cases in modern history — far more significant than Dobbs.
"In a majority opinion authored by chief justice John Roberts, the justices ruled that the Environmental Protection Agency has not been specifically authorised by Congress when it was set up in 1970 to reduce carbon emissions. As a result, in order for Washington to regulate emissions it would have to pass legislation through in Congress.
The opinion from the majority-conservative court said that “a decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body”.
I can't remember which SCOTUS justice and which case, but part of the opinion was an overlooked statement that I recall Eric pointing out.
It amounted to, "if Congress does not exercise it's authority and powers it effectively forfeits them"
I think this applied to specifically where the Executive Branch usurped Congressional authority and Congress failed to challenge it.
Not sure if it applies to situations where Congress has willing delegated authority.
I also recall Kavanaugh saying in an opinion that Congress has a responsibility to write clear laws. That was an immigration case I think where he sided with the Liberals, though for very different reasons.
God willing the Supreme Court does the right thing. This could be a monumental change in how our country is governed / managed by the feds. Maybe the Trump presidency will be the gift that keeps on giving. 😀
Good news!
"In a majority opinion authored by chief justice John Roberts, the justices ruled that the Environmental Protection Agency has not been specifically authorised by Congress when it was set up in 1970 to reduce carbon emissions. As a result, in order for Washington to regulate emissions it would have to pass legislation through in Congress.
The opinion from the majority-conservative court said that “a decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body”.
From financial times: https://www.ft.com/content/b69f0a4d-a9d8-4a2d-b891-2f3c142f66ac
If the administrative state is halted in its current form tomorrow, what are the likely next steps taken by congress to address the situation?
I can't remember which SCOTUS justice and which case, but part of the opinion was an overlooked statement that I recall Eric pointing out.
It amounted to, "if Congress does not exercise it's authority and powers it effectively forfeits them"
I think this applied to specifically where the Executive Branch usurped Congressional authority and Congress failed to challenge it.
Not sure if it applies to situations where Congress has willing delegated authority.
I also recall Kavanaugh saying in an opinion that Congress has a responsibility to write clear laws. That was an immigration case I think where he sided with the Liberals, though for very different reasons.
God willing the Supreme Court does the right thing. This could be a monumental change in how our country is governed / managed by the feds. Maybe the Trump presidency will be the gift that keeps on giving. 😀
Wow! Where is the media coverage about this big decision?
EPA needs to be reigned in as well the Corps of Engineers
That is such high time!!
Too much to hope for...but I pray that they will!
Fingers crossed!
It's about time to reign in the big federal agencies and their technocrats!