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Republicans' Supreme Court expected to Limit Government Ability to Enact Climate Change Measures This Month (New York Times)

Teusery

Teusery

Member
May 18, 2022
2,345
www.nytimes.com

Republican Drive to Tilt Courts Against Climate Action Reaches a Crucial Moment (Published 2022)

A Supreme Court environmental case being decided this month is the product of a coordinated, multiyear strategy by Republican attorneys general and conservative allies.
www.nytimes.com www.nytimes.com

Within days, the conservative majority on the Supreme Court is expected to hand down a decision that could severely limit the federal government's authority to reduce carbon dioxide from power plants — pollution that is dangerously heating the planet.

But it's only a start.

The case, West Virginia v. Environmental Protection Agency, is the product of a coordinated, multiyear strategy by Republican attorneys general, conservative legal activists and their funders, several with ties to the oil and coal industries, to use the judicial system to rewrite environmental law, weakening the executive branch's ability to tackle global warming.
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Implications:

Victory for the plaintiffs in these cases would mean the federal government could not dramatically restrict tailpipe emissions because of vehicles' impact on climate, even though transportation is the country's largest source of greenhouse gases.

The government also would not be able to force electric utilities to replace fossil fuel-fired power plants, the second-largest source of planet warming pollution, with wind and solar power.

And the executive branch could not consider the economic costs of climate change when evaluating whether to approve a new oil pipeline or similar project or environmental rule.

Those limitations on climate action in the United States, which has pumped more planet-warming gases into the atmosphere than any other nation, would quite likely doom the world's goal of cutting enough emissions to keep the planet from heating up more than an average of 1.5 degrees Celsius compared with the preindustrial age.
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The ultimate goal of the Republican activists, people involved in the effort say, is to overturn the legal doctrine by which Congress has delegated authority to federal agencies to regulate the environment, health care, workplace safety, telecommunications, the financial sector and more.
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The rest of the article goes into how Republicans, despite being outnumbered to the tune of millions by Democrats in the United States, have coordinated this effort to impact the lives of all existing and future Americans.
 
Dyle

Dyle

One Winged Slayer
The Fallen
Oct 25, 2017
29,890
These next two weeks are going to be brutal, easily the worst single batch of scotus decisions in the nation's history. It was nice knowing at least a mediocre rule of law, we will miss even that badly in the coming years
 
TacomaSCDisaster

TacomaSCDisaster

Member
Oct 28, 2017
1,969
The window to avert absolute catastrophe is almost closed and the people in power are ensuring we do nothing about it in the small amount of time we have to act.

The rest of this century is going to be very scary. We will live to see some horrific things.
 
zoggy

zoggy

Banned
Oct 28, 2017
1,203
What mental gymnastics are they using?

It's unconstitutional to stop pollution?
 
OP
OP
Teusery

Teusery

Member
May 18, 2022
2,345
zoggy said:
What mental gymnastics are they using?

It's unconstitutional to stop pollution?
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Known as the "Chevron deference," after a 1984 Supreme Court ruling, that doctrine holds that courts must defer to reasonable interpretations of ambiguous statutes by federal agencies on the theory that agencies have more expertise than judges and are more accountable to voters. "Judges are not experts in the field and are not part of either political branch of the government," Associate Justice John Paul Stevens wrote in his opinion for a unanimous court.

But many conservatives say the decision violates the separation of powers by allowing executive branch officials rather than judges to say what the law is. In one of his most famous opinions as an appeals court judge, Associate Justice Gorsuch wrote that Chevron allowed "executive bureaucracies to swallow huge amounts of core judicial and legislative power."

The constitutional dispute is not necessarily political, because the Chevron deference applies to agency actions in both Republican and Democratic administrations. But conservative hostility to the doctrine may be partly rooted in distrust of entrenched bureaucracies and certain kinds of expertise.
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Shiloh

Shiloh

Member
Oct 25, 2017
3,709
Seems to be in line with everything else they're voting on. That these things shouldn't be happening through the Executive Branch, but instead through the Legislative. Which I do agree with in theory, but our federal legislation process is just so broken at this point.

Funny that they decide to finally start removing powers from the Executive Branch now that they completely have Congress setup in their favor going forward.
 
AlgusUnderdunk

AlgusUnderdunk

Member
Dec 30, 2020
15,227
I wonder if any of them have madly scrawled pieces of paper with the words, "the fire is not allowed to burn me, the water is not allowed to drown me" written on them that they're trying to get signatures on.
 
Blader

Blader

Member
Oct 27, 2017
26,601
The constitutional dispute is not necessarily political, because the Chevron deference applies to agency actions in both Republican and Democratic administrations. But conservative hostility to the doctrine may be partly rooted in distrust of entrenched bureaucracies and certain kinds of expertise.
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It's not necessarily political except conservative courts will allow Republican administrations to wield agency power however they want. The constraints are only for Democratic governance.
 
Dyle

Dyle

One Winged Slayer
The Fallen
Oct 25, 2017
29,890
zoggy said:
What mental gymnastics are they using?

It's unconstitutional to stop pollution?
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It's always been shaky because Congress never gave the EPA enough specific guidelines about their specific regulatory powers. It's a reversal of the 1984 Chveron decision where the justices basically said "we don't know anything about this so generally we'll let the regulatory agencies do whatever they want" and now they're going to say "we don't know anything about this but we still think this is an overreach of power and you shouldn't do this unless Congress says you can"
 
Don Fluffles

Don Fluffles

Member
Oct 28, 2017
7,054
Tear them down.

They're all accomplices to terrorism and should be pursued as such. They're asking for vigilante action at this point.

Pessimism at this point is no better than siding with the enemy.
 
Arkanim94

Arkanim94

Member
Oct 27, 2017
14,104
If reality won't conform to conservatives, they will destroy it as much as they can.
The earth should have be smart enough to bot get affected by green house emissions.
 

madstarr12

Member
Jan 25, 2018
2,565
And Dem enthusiasm to vote in November remains low relative to Republicans, so things no doubt will get worse with this Supreme Court.

It's all so depressing. :(
 
Zoph

Zoph

Member
Oct 25, 2017
2,512
We're entering something even worse than the Lochner era and we probably won't ever come out of it, either.
 
.exe

.exe

Member
Oct 25, 2017
22,211
Sanction the US until they get some sense back in them..?

:<
 
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Deleted member 3208

Oct 25, 2017
11,934
Republicans love to ignore the judicial branch when it doesn't go their way. Dems should do the same.
 
KtotheRoc

KtotheRoc

One Winged Slayer
Member
Oct 27, 2017
56,604
Whelp, they're about to make it official that we're fucked.

I'm glad I don't have children.
 
Xyer

Xyer

Avenger
Aug 26, 2018
7,321
Not content with just screwing Americans, they want to fuck everybody else in the world too.
 
TacomaSCDisaster

TacomaSCDisaster

Member
Oct 28, 2017
1,969
Blader said:
Another win for the 2016 protest voters.
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We're still trying to blame them, huh?

Hillary's loss is Hillary's fault. She failed to campaign hard in swing states, the only states that actually matter in American elections, while Trump and team hit the ground hard there and it worked. Stop with the protest voter/Bernie bro narrative when undecided swing voters were the people who actually made the difference there and they voted the way they did because of Hillary's massive strategic miscalculation. It's been found time and time again that Bernie supporters largely turned out and voted Hillary that year anyways. It's a false narrative that focuses anger on the wrong people.
 
Arkanim94

Arkanim94

Member
Oct 27, 2017
14,104
aGuyInaBearSuit said:
We're still trying to blame them, huh?

Hillary's loss is Hillary's fault. She failed to campaign hard in swing states, the only states that actually matter in American elections, while Trump and team hit the ground hard there and it worked. Stop with the protest voter/Bernie bro narrative when undecided swing voters were the people who actually made the difference there and they voted the way they did because of Hillary's massive strategic miscalculation. It's been found time and time again that Bernie supporters largely turned out and voted Hillary that year anyways. It's a false narrative that focuses anger on the wrong people.
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No, the loss in key swing states is all on the shoulder of very real spiteful bernie bros, trust me.

But for real, always funny see how liberal hate way more out of line leftist than the right wing, nevrr change liberals.
 

LCGeek

Member
Oct 28, 2017
5,856
Blader said:
Another win for the 2016 protest voters.
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post RGB dying we can lay fault on her for not retiring when we had obama. Yes can because the count would be 2 to 1 not 1 to 2 in republicans favors. Math is math but I have feeling you will argue this.

But dems want to go along and think things are just peachy.

This is a tired take that ignores the fuck ups of dems basically since clinton.

Could've listened to howard dean's 50 state strategy, but establishment dems favoiring states like HRC knew better.
Obama could've not lied to voters on ACA, which didn't help midterms in his era. Don't even start by saying what lie he basically said shit would be the same when that wasn't the reality that happened.
HRC Could've actually went to battle ground states
HRC could've not burned bridges and just played the game to win, deplorables was utter fuck up even if true
HRC could've not done the pied piper strategy either.
Lets not get started on occupy wallstreet and what the 2008 crash highlighted or panama papers.

Lets go after voters not the establishment that buries progressives and is milquetoast on actually helping out voters that show up like blacks instead of ill liberal whites who makes excuses to vote for basically for profit driven republicans time and time again.
 
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TacomaSCDisaster

TacomaSCDisaster

Member
Oct 28, 2017
1,969
Arkanim94 said:
No, the loss in key swing states is all on the shoulder of very real spiteful bernie bros, trust me.

But for real, always funny see how liberal hate way more out of line leftist than the right wing, nevrr change liberals.
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Right wing anti-socialist propaganda has infected the liberal party for decades. Most of them just don't realize it.
 
Blader

Blader

Member
Oct 27, 2017
26,601
aGuyInaBearSuit said:
We're still trying to blame them, huh?

Hillary's loss is Hillary's fault. She failed to campaign hard in swing states, the only states that actually matter in American elections, while Trump and team hit the ground hard there and it worked. Stop with the protest voter/Bernie bro narrative when undecided swing voters were the people who actually made the difference there and they voted the way they did because of Hillary's massive strategic miscalculation. It's been found time and time again that Bernie supporters largely turned out and voted Hillary that year anyways. It's a false narrative that focuses anger on the wrong people.
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I didn't say anything about "Bernie bros" though it's telling on yourself a bit that that's what you jumped to lol. I'm obviously not referring to people who supported a different candidate before voting for Hillary. Anyone who voted for Hillary in the general chose correctly. Everyone else who didn't is to blame for our last five years and next 30-40 years of Supreme Court rulings.

Arkanim94 said:
No, the loss in key swing states is all on the shoulder of very real spiteful bernie bros, trust me.

But for real, always funny see how liberal hate way more out of line leftist than the right wing, nevrr change liberals.
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That's me alright, no contempt for conservatives at all.

LCGeek said:
post RGB dying we can lay fault on her for not retiring when we had obama. Yes can because the count would be 2 to 1 not 1 to 2 in republicans favors. Math is math but I have feeling you will argue this.
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Sure in hindsight I agree it would've been better if RGB had retired under Obama. But I don't think you understand your own math.
 
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Ducarmel

Ducarmel

Member
Oct 25, 2017
2,363
This is crazy, like why? This is something govt should have every power available to prevent a crisis.

I hope the worse for these people.
 
Kyra

Kyra

The Eggplant Queen
Member
Oct 25, 2017
12,241
New York City
"VoTe bLue nO mAtTEr wHo" - Person that let this happen.

Edit: and of course Republicans. .. just very angry.
 
Malleymal

Malleymal

Member
Oct 28, 2017
6,280
Republicans have a strategy that has paid dividends. They figured out how to maintain power without a majority and put their foot on the neck of the courts. It will be decades before anything meaningful happens.
 
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