5-4 Right Wing Court Majority. What Will They Do?

[Deranged Rhino]

2 minutes ago, KRC said:

 

If I had to pick one, 6. Usually, I just fall asleep. Where is The Boring Drunk option?

 

[boyst]

I actually shut the !@#$ up when drunk.  I'm #7

[/dev/null]

30 minutes ago, Boyst62 said:

I actually shut the !@#$ up when drunk.  I'm #7

you should drink more often

[3rdnlng]

Where's the Happy Drunk option?

[Joe Miner]

[Deranged Rhino]

2 hours ago, 3rdnlng said:

Where's the Happy Drunk option?

 

I figured it was synonymous with Dancing Drunk... but it should be there. 

[njbuff]

What kind of drunk can you be if you don't drink?

 

?

[/dev/null]

17 minutes ago, njbuff said:

What kind of drunk can you be if you don't drink?

 

?

 

Schrödinger's drunk

[BillStime]

On 10/5/2018 at 12:41 PM, Tiberius said:

Then you got the court you want! 

Very prophetic 

[B-Man]

 

 

WV vs EPA

Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the (Obama era) Clean Power Plan.

 

 

 

 

 

 

 

[ChiGoose]

25 minutes ago, B-Man said:

 

 

WV vs EPA

Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the (Obama era) Clean Power Plan.

 

 

 

 

 

 

 

 

What's weird about this is that the rule at the heart of this case wasn't even in effect. It had been revoked during the Trump administration. This probably should have been mooted out. But SCOTUS gonna SCOTUS.

[Tiberius]

39 minutes ago, B-Man said:

 

 

WV vs EPA

Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the (Obama era) Clean Power Plan.

 

 

 

 

 

 

 

Sided with fossil fuel companies. Best court money can buy 

[B-Man]

 

 

"The Supreme Court on Thursday limited the Environmental Protection Agency’s ability to regulate carbon emissions from power plants..."

 

"... dealing a blow to the Biden administration’s efforts to address climate change. The vote was 6 to 3, with the court’s three liberal justices in dissent, saying that the majority had stripped the E.P.A. of 'the power to respond to the most pressing environmental challenge of our time.'... 

 

The implications of the ruling could extend well beyond environmental policy and further signal that the court’s newly expanded conservative majority is deeply skeptical of the power of administrative agencies to address major issues facing the nation and the planet."

Writes Adam Liptak in the NYT.

 

https://www.nytimes.com/live/2022/06/30/us/supreme-court-epa#epa-carbon-emissions-scotus

 

 

 

 

[Tiberius]

2 minutes ago, B-Man said:

 

 

"The Supreme Court on Thursday limited the Environmental Protection Agency’s ability to regulate carbon emissions from power plants..."

 

"... dealing a blow to the Biden administration’s efforts to address climate change. The vote was 6 to 3, with the court’s three liberal justices in dissent, saying that the majority had stripped the E.P.A. of 'the power to respond to the most pressing environmental challenge of our time.'... 

 

The implications of the ruling could extend well beyond environmental policy and further signal that the court’s newly expanded conservative majority is deeply skeptical of the power of administrative agencies to address major issues facing the nation and the planet."

Writes Adam Liptak in the NYT.

 

https://www.nytimes.com/live/2022/06/30/us/supreme-court-epa#epa-carbon-emissions-scotus

 

 

 

 

So more pollution? Hurrah! A victory against the fresh air crowd! 

[ChiGoose]

Well, this isn't good...

On the independent state legislature theory:

Quote

The Consti­tu­tion deleg­ates power to admin­is­ter federal elec­tions to the states, subject to Congres­sional over­ride. There is, however, a disagree­ment about how much power is deleg­ated and to which state actors exactly.

 

There are two relev­ant clauses. One is the Elec­tions Clause, which reads, “The Times, Places and Manner of hold­ing Elec­tions for Senat­ors and Repres­ent­at­ives, shall be prescribed in each State by the Legis­lature thereof; but the Congress may at any time by Law make or alter such Regu­la­tions.”

 

The other is the Pres­id­en­tial Elect­ors Clause, which reads, “Each State shall appoint, in such Manner as the Legis­lature thereof may direct, a Number of Elect­ors.”

 

The dispute hinges on how to under­stand the word “legis­lature.” The long-running under­stand­ing is that it refers to each state’s general lawmak­ing processes, includ­ing all the normal proced­ures and limit­a­tions. So if a state consti­tu­tion subjects legis­la­tion to being blocked by a governor’s veto or citizen refer­en­dum, elec­tion laws can be blocked via the same means. And state courts must ensure that laws for federal elec­tions, like all laws, comply with their state consti­tu­tions.

 

Proponents of the inde­pend­ent state legis­lature theory reject this tradi­tional read­ing, insist­ing that these clauses give state legis­latures exclus­ive and near-abso­lute power to regu­late federal elec­tions. The result? When it comes to federal elec­tions, legis­lat­ors would be free to viol­ate the state consti­tu­tion and state courts could­n’t stop them.

 

Extreme versions of the theory would block legis­latures from deleg­at­ing their author­ity to offi­cials like governors, secret­ar­ies of state, or elec­tion commis­sion­ers, who currently play import­ant roles in admin­is­ter­ing elec­tions.

 

Somehow, I'm not optimistic that SCOTUS will end up ruling in a way that's good for democracy...

[B-Man]

2 minutes ago, Tiberius said:

So more pollution? Hurrah! A victory against the fresh air crowd! 

 

 

NO.

 

 

Less government overreach.

 

Hurrah.

 

 

[Tiberius]

2 minutes ago, B-Man said:

 

 

NO.

 

 

Less government overreach.

 

Hurrah.

 

 

Cutting off our nose to spite our face 

[ChiGoose]

Lol. SCOTUS changed constitutional law enough this term that the bar exam had to release a statement:

 

Quote

Examinees taking the NCBE-developed July 2022 MBE, MPT, and MEE will not be required to be familiar with this term's US Supreme Court decisions.

 

[All_Pro_Bills]

50 minutes ago, B-Man said:

 

 

"The Supreme Court on Thursday limited the Environmental Protection Agency’s ability to regulate carbon emissions from power plants..."

 

"... dealing a blow to the Biden administration’s efforts to address climate change. The vote was 6 to 3, with the court’s three liberal justices in dissent, saying that the majority had stripped the E.P.A. of 'the power to respond to the most pressing environmental challenge of our time.'... 

 

The implications of the ruling could extend well beyond environmental policy and further signal that the court’s newly expanded conservative majority is deeply skeptical of the power of administrative agencies to address major issues facing the nation and the planet."

Writes Adam Liptak in the NYT.

 

https://www.nytimes.com/live/2022/06/30/us/supreme-court-epa#epa-carbon-emissions-scotus

 

 

 

 

In a majority opinion authored by chief justice John Roberts, the justices ruled the Environmental Protection Agency was not specifically authorized by Congress to reduce carbon emissions when it was set up in 1970. The ruling leaves the Biden administration dependent on passing legislation if it wants to implement sweeping regulations to curb emissions.

 

So far the common theme of the court is legislate through the legislature.  

[Buffalo_Stampede]

Making states more powerful is basically the beginning stages of secession. It’s happening.

 

 

[B-Man]

 

 

The Democratic Party has been run by Judicial Fiat for so long that they have no idea what to do with themselves while holding majority power.

 

 

 

.

[B-Man]

 

 

The Supreme Court Returns Legislative Power to the Legislative Branch

 

 

https://redstate.com/joesquire/2022/06/30/the-supreme-court-returns-legislative-power-to-the-legislative-branch-n586718

 

 

 

 

 

 

 

[B-Man]

 

 

Elena Kagan’s dissenting opinion in SCOTUS’ EPA decision suggests Congress is full of idiots who should let unelected bureaucrats run things

 

 

 

 

 

 

https://twitchy.com/sarahd-313035/2022/06/30/elena-kagans-dissenting-opinion-in-scotus-epa-decision-suggests-congress-is-full-of-idiots-who-should-let-unelected-bureaucrats-run-things/

[ChiGoose]

3 minutes ago, B-Man said:

 

 

Elena Kagan’s dissenting opinion in SCOTUS’ EPA decision suggests Congress is full of idiots who should let unelected bureaucrats run things

 

 

 

 

 

 

https://twitchy.com/sarahd-313035/2022/06/30/elena-kagans-dissenting-opinion-in-scotus-epa-decision-suggests-congress-is-full-of-idiots-who-should-let-unelected-bureaucrats-run-things/

 

Congress IS full of idiots.

[B-Man]

 

 

 

The Supreme Court’s Civics Lesson

by Noah Rothman

 

A momentous term for the Supreme Court ended on Thursday with one of the most consequential rulings it has handed down this year.

 

With its decision in West Virginia v. Environmental Protection Agency, the Court has affirmed the notion that it is the purview of Congress—not the federal bureaucracy—to write laws. That lesson will be bitterly resisted, which is why it is so vital.

 

 

In this case, the Court was asked to determine whether the EPA has the authority to set rules around emissions generated by coal-burning power plants that are so strict they could have no other effect than to remove coal from the nation’s electricity mix. The Court ruled that this administrative effort to render an entire sector of the economy obsolete was not supported by statute or Congressional intent. Indeed, it was contemptuous of both.

 

“EPA claimed to discover an unheralded power representing a transformative expansion of its regulatory authority in the vague language of a long-extant, but rarely used, statute designed as a gap filler,” read the syllabus of the decision authored by Supreme Court Chief Justice John Roberts. “That discovery allowed it to adopt a regulatory program that Congress had conspicuously declined to enact itself.”

 

The EPA’s expansive interpretation of its statutory jurisdiction extended well beyond what Congress had approved. Indeed, the agency’s authority appeared to have been derived from that which Congress explicitly spurned. “Nor can the Court ignore that the regulatory writ EPA newly uncovered,” Roberts added, “conveniently enabled it to enact a program, namely, cap-and-trade for carbon, that Congress had already considered and rejected numerous times.”

 

https://www.commentary.org/noah-rothman/the-supreme-courts-civics-lesson/

 

 

 

 

 

 

 

.

[Big Blitz]

Oh no!!!!!!!

 

Poor Brandon!

 

 

[B-Man]

 

West Virginia saved America. You're welcome

By Don Surber 

 

This morning, the Supreme Court handed down its most important decision since Heller. Chief Justice John Roberts writing for his 6-3 majority told the EPA that its powers are not infinite in ruling in favor of West Virginia in its landmark lawsuit against the bureaucracy and the Democrat Party.

 

Chief justices save the big cases for themselves.

 

And they also save the big cases for last.

 

CNN reported, "The Supreme Court curbed the Environmental Protection Agency’s ability to broadly regulate carbon emissions from existing power plants, a major defeat for the Biden administration’s attempts to slash emissions at a moment when scientists are sounding alarms about the accelerating pace of global warming."

 

The damage from a bunch of civil servants deciding the fate of a trillion-dollar energy industry is enormous.

 

But the lawsuit brought by West Virginia Attorney General Patrick Morrisey was based on something far more important than this weather phrenology.

The Constitution.

 

The ruling made it clear that Morrisey is right. He freed the nation from a nearly omnipotent bureaucracy.

 

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, told the ruling "could be cataclysmic for modern administrative law."

 

I sure hope so because the unelected people inside the DC bubble have no clue of how America operates. They listen to lobbyists who seek favor. The carbon dioxide nonsense led to restrictions on coal, oil and natural gas and billions in subsidies for windmills and the like. Tesla may be the nation's largest company but it got there through welfare payments courtesy of Lord Obama.

 

 

In his concurrent opinion, Gorsuch wrote, "When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives. In our Republic, 'It is the peculiar province of the legislature to prescribe general rules for the government of society.' [He cited an 1810 ruling.] Because today’s decision helps safeguard that foundational constitutional promise, I am pleased to concur."

 

Oof.   Take that, Mister Pen and Phone.

 

In limiting presidential powers, the court did John Marshall proud.

 

https://donsurber.blogspot.com/2022/06/west-virginia-saved-america-youre.html

 

 

.

[ChiGoose]

3 minutes ago, Big Blitz said:

Oh no!!!!!!!

 

Poor Brandon!

 

 

 

Are you... rooting for pollution...?

[RiotAct]

1 hour ago, ChiGoose said:

 

Congress IS full of idiots.

However, so is the Executive branch.

[Big Blitz]

8 minutes ago, ChiGoose said:

 

Are you... rooting for pollution...?

 

Clean Water Act

Fresh Air Act

Recycle Everything Acts or whatever....

 

All have the intended or unintended (its intended) consequence of giving the Federal Government (via the Executive Branch and the now *checks notes* 220 Federal agencies) under its control.  

 

Who are ultimately partisan bureaucrats.

 

 

 

I guess you don't support.....democracy.

[TH3]

19 minutes ago, Big Blitz said:

Oh no!!!!!!!

 

Poor Brandon!

 

 

So its good news to keep polluting and to leave things worse for our kids and grandkids? 

[Big Blitz]

Just now, TH3 said:

So its good news to keep polluting and to leave things worse for our kids and grandkids? 

 

 

Democrats have already taken care of that.  

[ChiGoose]

3 minutes ago, Big Blitz said:

 

Clean Water Act

Fresh Air Act

Recycle Everything Acts or whatever....

 

All have the intended or unintended (its intended) consequence of giving the Federal Government (via the Executive Branch and the now *checks notes* 220 Federal agencies) under its control.  

 

Who are ultimately partisan bureaucrats.

 

 

 

I guess you don't support.....democracy.

 

Congress, that thing we have from our democracy, passed laws to better our environment. Since congress is a legislative body, they are not in a position to oversee all of the regulations and enforcement. So Congress, that thing we have from our democracy, voted to have an agency enforce the laws that they, congress (that thing we have from our democracy) had passed.

 

In our democracy, we have a congress, which writes the laws, and an executive branch, which executes them. 

 

We can debate about how much authority congress should delegate for rulemaking and enforcement, but congress passing laws and the executive branch enforcing them is literally how our democracy works.

[Big Blitz]

Trump nominated Scott Pruitt to head the EPA - and the typical commies lost their ***t because an agency under their thumb was going to have new management.  

 

You have to believe in the right science to head certain agencies.  

 

You have to acknowledge a certain number of genders to head them.

 

 

Unable to define a woman?  Straight to the SCOTUS.

 

 

Less Federal Government is always the answer.  You can recycle and ban all the plastic grocery bags you want in New York or California.

 

Fumble all your groceries out of the store.  

[TH3]

21 minutes ago, Big Blitz said:

 

 

Democrats have already taken care of that.  

Does it hurt when you wake up?....FFS you live a miserable existance

[B-Man]

1 hour ago, TH3 said:

So its good news to keep polluting and to leave things worse for our kids and grandkids? 

 

 

No.

 

 

Pass the legislation that will help things.

 

 

That's how i's supposed to work.

 

 

Not government fiat.

 

 

[B-Man]

 

 

 

 

 

 

 

[B-Man]

 

 

 

 

 

 

 

 

 

 

Could have gone in the Lefties are Mentally Disturbed thread also......😆

 

 

[unbillievable]

Democrats: Local government bad. Federal government good!

[BillsFanNC]

23 hours ago, All_Pro_Bills said:

In a majority opinion authored by chief justice John Roberts, the justices ruled the Environmental Protection Agency was not specifically authorized by Congress to reduce carbon emissions when it was set up in 1970. The ruling leaves the Biden administration dependent on passing legislation if it wants to implement sweeping regulations to curb emissions.

 

So far the common theme of the court is legislate through the legislature.