Kind of what I was thinking, too...
Posted on 04/19/2011 12:31:08 PM PDT by library user
While I disagree that the EPA has any Constitutional mandate - if Congressional law sets them up as an arbiter of interstate commerce between states such that regulation is in place that obviates the need for a State to sue a private concern producing energy in a different state.
It does buy into the EPA having a legitimate function - but that is the domain of Congress and they seem quite willing to legislate oversight/control of their powers to the Executive branches.
It also seems to buy into the idea that there is a legitimate “harm” that can be shown from release of greenhouse gas when it hasn't been shown that temperatures are actually increasing (hide the decline) OR that increasing temperatures harmed anyone (Medieval warm period).
But yes: although the journalistic slant was pro EPA and Ginsburg - the decision arrived at stopped liberal idiot litigation aimed at taxing/fining energy production in different states.
This is an interstate commerce concern in my mind: an ACTUAL one - not a hypothetical - it could be - a crop grown and consumed in one state has a tangential effect on the price of the crop that IS involved in interstate commerce - and thus is subject to federal legislation, etc.
Keeping in mind that this article consists of speculaton as to outcome, based on questions, comments, and, one presumes, facial expressions of some of the SC Justices during oral arguments, there is a real existential danger here —
Depending on how the order of dismissal is worded, it is possible that the precedent, or even principle, may be set that all courts (representing Due Process and The Rule of Law) must defer to the EPA (unelected, unaccountable, arbitrary, Bureaucracy) in all matters environmental - no matter how vaguely related....
Won’t happen as you say unless GOP candidates keep attacking Obama until voters can’t wait to oust him. Won’t happen if we buy into the “civility” and “bipartisanship” mantras which are really nothing more than a enforced political correctness at the expense of facts. When we give people like Obama the sort of respect —indeed deference— that they don’t deserve, they survive and flourish no matter what they do to the country. When they are instead confronted at every opportunity, they start to self-destruct. No rest for the weary.
Longer. The next president will need congress’s help in order to bring the EPA under control. Don’t count on that happening, no matter what party is in the majority.
You gotta fire a ‘warning shot’. But my aim ain’t as good as it used to be.....;^).....
You gotta fire a ‘warning shot’. But my aim ain’t as good as it used to be.....;^).....
Not really true.
Those bureaucrats were sent there by Congress, their powers were delegated by Congress, they are carrying out laws passed by Congress, and Congress could pull the plug tomorrow, or any day after tomorrow.
The real revolution will not occur until the current form of government falls and is buried under the debris of the US Dollar. That is nearly inevitable, given that people in power are willingly ignoring this problem and making it worse instead. The new currency of the United States will be denominated in inches.
The POTUS can control the EPA by firing and hiring, but don't count on GOP candidates, even if elected, to change the "greenhouse gas" nonsense, unless we hold their feet to the fire.
We have seen the enemy, and he is us.
Spot on.
The president doesn’t have final authority over the EPA. If he tried to exercise that kind of authority, expect talk of “impeachment” next. The same laws that prevent “spoils system” politics protect career bureaucrats.
the issue was not even a matter of Executive branch powers,
It was a civil matter wherin the party bringing suit should have been called by the court to bring proof that CO2 causes harm
instead of the Supreme Court serving justice, it was handed directly to the long arm of the EPA's executive branch for tyrannical unjust enforcement
Exactly. I we say we do not want judges legislating from the bench then this is what we get.
BTW - Our founders set up the judiciary to be independent but they wanted one that was deferential to the two other branches. Things are working out as Madison planned.
Ultimately it is up to us. Thank goodness.
Amen, brother.
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