This recent session will be looked upon as the undoing on the past courts decesions by a rightwingnut group of High Court justices…..
It will take a while to undo the Alito 5’s mistakes….
We’re talking about politics NOT Law….
These people are making stuff up to support their points of view of giving something the founders wreatled with, State vs Federaal power, where there isn’t any law….
THIS court’s right leaning majority seems hell bent on making sure the Unted States do NOT row tougher on. anything that comes before them….
Thus going backwards for America in whole….
Today [ June 30th, 2022] at noon, Ketanji Brown Jackson was sworn in as the first Black female justice on the Supreme Court.
Before Justice Brown took her oath, the court also signaled the end of the federal government as we know it.
In the past, the Supreme Court has operated on the basis of “stare decisis,” which literally means “to stand by things decided.” The purpose of that principle is to make changes incrementally so the law stays consistent and evenly applied, which promotes social stability. On occasion, the court does break precedent, notably in 1954 with the Brown v. Board of Education of Topeka decision, which overturned the 1896 Plessy v. Ferguson decision that rubber stamped racial segregation. When that sort of a major change happens, both the court and elected officials work hard to explain that they are changing the law to make it more in line with our Constitution, and to move people along with that change.
With the Dobbs v. Jackson Women’s Health Organization decision of last Friday, the court simply tore up 49 years of law and history, ending federal recognition of a constitutional right Americans have enjoyed since 1973.
Today, the court’s decision in West Virginia v. Environmental Protection Agency reversed almost 100 years of jurisprudence by arguing that Congress cannot delegate authority on “major questions” to agencies in the executive branch. At stake were EPA regulations that would push fossil fuel producers toward clean energy in order to combat climate change. The vote was 6 to 3, along ideological lines. That the court agreed to hear the case despite the fact that the rules being challenged had been abandoned suggested they were determined to make a point.
That point was to hamstring federal regulation of business. The argument at the heart of this decision is called the “nondelegation doctrine,” which says that Congress, which constitutes the legislative branch of the government, cannot delegate legislative authority to the executive branch. Most of the regulatory bodies in our government are housed in the executive branch. So the nondelegation doctrine would hamstring the modern regulatory state.
To avoid this extreme conclusion, the majority on the court embraced the “major questions” doctrine, which Chief Justice Roberts used today for the first time in a majority opinion.
That doctrine says that Congress must not delegate “major” issues to an agency, saying that such major issues must be explicitly authorized by Congress. But the abuse of the Senate filibuster by Republican senators means that no such laws stand a hope of passing. So the Supreme Court has essentially stopped the federal government from responding as effectively as it must to climate change. And that will have international repercussions: the inability of the U.S. government to address the crisis means that other countries will likely fall behind as well. The decision will likely apply not just to the EPA, but to a whole host of business regulations….