joined by Sotomayor and Breyer, put the court’s overstep in its proper light. “The Court today issues what is really an advisory opinion on the proper scope of the new rule EPA is considering,” she wrote. “That new rule will be subject anyway to immediate, pre-enforcement judicial review. But this Court could not wait—even to see what the new rule says—to constrain EPA’s efforts to address climate change.
In the law, at least before this case, an advisory opinion is presumptively unconstitutional because federal judges, including Roberts and his comrades, may only entertain “cases” or “controversies.” That’s bad enough. Even Roberts, in his own majority opinion, takes notice that Kagan is accusing him of “champing at the bit.” But the bigger sin ofis that the Supreme Court isn’t just hobbling an agency, an administration, or even a president wishing to respond to a pressing issue of national importance.
Congress, after all, told regulators to choose the “best system of emission reduction.” And if that doesn’t mean power plants that don’t contaminate the planet, then what does? As Kagan writes, “The ‘best system’ full stop—no ifs, ands, or buts of any kind relevant here.” She rightly focuses her darts on the Roberts court, as well as Justice, to note that its larger agenda is to dismantle the administrative state. “Today, one of those broader goals makes itself clear,” she writes.
Photos of clean steam stacks do not scare me. Sorry.
Ridiculous statement...
cristianafarias Their logic behind this is very scary. We should not be complacent.
cristianafarias Co2 is not pollution!! Pictures of clean steam stacks is just propaganda.
cristianafarias Wasn't the EPA created by President Nixon?
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