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Supreme Court limits EPA’s power to cut emissions

bbc.com

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Re: Supreme Court limits EPA’s power to cut emissions

#181

Post by tristor »

Clent wrote: post #88
User23 wrote: post #31

Earlier quoted context omitted.

I’m not a conservative, but this ruling is good because it’s interpreting the law as written, which is the only fair way to apply it. Reducing the politicalization of the courts by getting judges away from ruling based on their desired policy rather than the law is probably insufficient, but it’s necessary to maintain general confidence in the system over time. If you want policy changes to handle whatever real or im…

No it's not. Anyone can interpret anything as anything else, this is proven over and over throughout history. This supreme court has been stomping the other branches of government. Congress created the EPA. If they don't like what they created, it's on them to fix it.

You are oversimplifying. Generally speaking, most of the work of SCOTUS is reigning in the Executive because of overzealous regulators. The US regulatory framework is theoretically designed to be based in law, made by the legislature, not the whims of unelected bureaucracy.

Congress delegating it’s power is suspect at best, and likely unconstitutional entirely (something something, War Powers Act). Congress created the EPA through the power of the purse, but it’s operated by the Executive, and therefore is not and should not be empowered to unilaterally create regulations with the force of law. Making law is Congress’ job.

Re: Supreme Court limits EPA’s power to cut emissions

#182

Post by voisin »

elmerfud wrote: post #85
gumby wrote: post #24

What’s interesting about this ruling (if you listened to the oral arguments and read the ruling) is that it appears to undercut the ability for any executive agency to make a rule, under them claim that congress cannot delegate its powers. So the FAA can’t determine and then require that aircraft have transponders. Congress has to do this. If they continue down this path it will be chaos.

I don't agree it will be chaos. Congress has for far too long abdicated what it is supposed to be directly responsible for to unelected bureaucrats that exist in agencies that are overseen by the executive branch of government. Congress is now free to focused on creating chaos between the people that elect them. When is the last time you've seen anyone from Congress campaign on any substantive issue? I've not seen it…

Many of those unelected bureaucrats are experts in their fields due to their ability to focus for entire careers.

Re: Supreme Court limits EPA’s power to cut emissions

#184

Post by thomascgalvin »

JohnHaugeland wrote: post #177
Miner49er wrote: post #165

Earlier quoted context omitted.

It is impossible to keep partisanship out of the court, so it is a lot like a second version of Congress.

We managed for hundreds of years.

Mitch McConnell broke the Senate, and through that, the Judiciary.

Re: Supreme Court limits EPA’s power to cut emissions

#185

Post by ejb999 »

ohboii20202 wrote: post #80

It's time to de-sanctify the Supreme Court. I really don't like having this unelected councils of wizards who get wield god-like "authority"-- it feels a bit gross in a democracy. I 'get it' w/ respect BrownvBoard, Miranda, etc, but at least in my lifetime the court hasn't done much to expand or protect my rights. Greatest hits from them are weird election cases (Florida 2000) making it easier for really shadowy/fuck…

>>I really don't like having this unelected councils of wizards who get wield god-like "authority"

but you are OK with the 'unelected council of wizards' at the EPA wielding their god-like authority instead?

Re: Supreme Court limits EPA’s power to cut emissions

#186

Post by rabuse »

Miner49er wrote: post #165
DantesKite wrote: post #50

I feel like a lot of people here would do well to try and understand the role of the Supreme Court, instead of treating it like a second version of Congress.

It is impossible to keep partisanship out of the court, so it is a lot like a second version of Congress.

The constitution isn't partisan though.

Re: Supreme Court limits EPA’s power to cut emissions

#187

Post by Covzire »

bastardoperator wrote: post #38

I don't ever want to hear the term "activist judges" or "legislating from the bench" from a conservative ever again. And, Barrett couldn't even cite the first amendment...

In this case, as I understand it, the EPA was declaring they had authority to enforce some new rules by interpreting where congress wrote "may" as "must". Whether you agree with the EPA's motives or not, it should concern everyone that un-elected bureaucrats have been increasingly inventing or hallucinating the language of their mandates to turn them into whatever they wanted, whenever it suits them, and this was a much needed rebuke of that behavior.

Re: Supreme Court limits EPA’s power to cut emissions

#188

Post by nradov »

40acres wrote: post #168

I really don't understand the decision. In my mental model the executive branch exists to implement the laws that Congress passes, Congress deliberately leaves leeway in laws to give the executive branch flexibility, this flexibility has been previously affirmed by the court decision Chevron v. NRDC. This decision seems to give more power to Congress but on net I think it makes the laws Congress passes weaker because…

That's not really how it works. If Congress wants the executive branch to have leeway then they need to explicitly grant it.

Re: Supreme Court limits EPA’s power to cut emissions

#189

Post by lkxijlewlf »

morninglight wrote: post #5

Donald Trump lives, and his legacy will be controlling your life for many years.

Trump is a tool. He didn't do this. He doesn't have the brain power to do this. This was the CNP, the Federalist Society, the Koch bruhs, etc. They've worked on this for decades. DECADES.
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