Supreme Court limits EPA’s power to cut emissions • Hacker News Board

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

#61

Post by lotsofpulp » Thu, Jun 30, 2022, 3:03 PM UTC

cdot2 wrote: post #37

bpodgursky wrote: post #30

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses). Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

The supreme court ruled that abortion is a state issue. Any law passed by congress would be struck down by the same ruling.

If the US Congress passed an amendment that stated abortion is legal nationwide, then the Supreme Court would not be able to strike it down as that would be the new federal law.

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

#62

Post by willis936 » Thu, Jun 30, 2022, 3:03 PM UTC

bpodgursky wrote: post #30

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses). Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

The senate is affirmative action for rural areas. Why do we accept minority rule?

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

#63

Post by brodouevencode » Thu, Jun 30, 2022, 3:03 PM UTC

xpe wrote: post #34

brodouevencode wrote: post #26

Earlier quoted context omitted.

This is as much a blow to chevron deference than anything. This is a good thing.

Please explain.

This is a decent definition: "administrative law principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer." The ruling basically undermines the previous notion of the judiciary deferring to an administrative agency, because it just didn't, therefore forcing the legislature to be more explicit in its desires.

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

#64

Post by NeonVice » Thu, Jun 30, 2022, 3:03 PM UTC

bpodgursky wrote: post #30

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses). Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

Abortion is not mentioned in the constitution and therefore each state has the power to legislate it as they see fit. Any federal abortion law would be deemed unconstitutional on that basis.

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

#65

Post by rajup » Thu, Jun 30, 2022, 3:03 PM UTC

cdot2 wrote: post #37

bpodgursky wrote: post #30

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses). Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

The supreme court ruled that abortion is a state issue. Any law passed by congress would be struck down by the same ruling.

> The supreme court ruled that abortion is a state issue. Any law passed by congress would be struck down by the same ruling.

Is it? Then why am I reading news today about the Democrats wanting to suspend the filibuster for a federal abortion law?

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

#66

Post by whiddershins » Thu, Jun 30, 2022, 3:03 PM UTC

cdot2 wrote: post #37

bpodgursky wrote: post #30

I guess it's time for congress to actually pass laws (first abortion, and now greenhouse gasses). Going to be a lot of anger about the results this court season, but I honestly think it's going to be healthier for democracy overall if congress stop leaning on the courts and bureaucracy to make critical regulations.

The supreme court ruled that abortion is a state issue. Any law passed by congress would be struck down by the same ruling.

No. They ruled it isn't a constitutional right. Therefore it can definitionally be legislated at the State level.

Whether it can be legislated at the Federal level is a completely different question.

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

#67

Post by micromacrofoot » Thu, Jun 30, 2022, 3:03 PM UTC

biggieshellz wrote: post #6

Major questions doctrine. They ruled that the current law does not empower EPA to require producers to shift generation to different methods (e.g. natural gas, renewables), and that if Congress had meant for the law to do that, they would have written it explicitly. Congress can still pass a law empowering EPA to regulate greenhouse gas emissions.

> Congress can still pass a law

Since when

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

#68

Post by ohCh6zos » Thu, Jun 30, 2022, 3:04 PM UTC

qalmakka wrote: post #14

The fact that people can't see that the conservatives are basically advocating worldwide for short term economic growth in exchange for basically our future is appalling to me. I am afraid we will see an immense amount of instability, increased poverty, mass migrations and authoritarian regimes rising up due to the fact that we couldn't manage to convince people that those parties do not care about them. In a previou…

If nationalism is a more general form of fascism, are all, or almost all governments prior to the modern era fascist?

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

#69

Post by jeffbee » Thu, Jun 30, 2022, 3:04 PM UTC

hnrodey wrote: post #28

qalmakka wrote: post #14

The fact that people can't see that the conservatives are basically advocating worldwide for short term economic growth in exchange for basically our future is appalling to me. I am afraid we will see an immense amount of instability, increased poverty, mass migrations and authoritarian regimes rising up due to the fact that we couldn't manage to convince people that those parties do not care about them. In a previou…

The Supreme Court is focused on laws, not outcomes - as it should be.

Very much a "The law in its majesty ..." take on the matter.

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

#70

Post by golemotron » Thu, Jun 30, 2022, 3:04 PM UTC

hnrodey wrote: post #28

qalmakka wrote: post #14

The fact that people can't see that the conservatives are basically advocating worldwide for short term economic growth in exchange for basically our future is appalling to me. I am afraid we will see an immense amount of instability, increased poverty, mass migrations and authoritarian regimes rising up due to the fact that we couldn't manage to convince people that those parties do not care about them. In a previou…

The Supreme Court is focused on laws, not outcomes - as it should be.

Indeed. People are upset with the Supreme Court recently, but what it has been doing is empowering democracy, which people are nominally for.

You want effective standards, do the work and pass a law.