Posted on 02/28/2022 12:13:43 PM PST by Kaslin
James Madison once warned that the "accumulation of all powers, legislative, executive, and judiciary, in the same hands, ... may justly be pronounced the very definition of tyranny." Unfortunately, the modern Environmental Protection Agency – with a little help from the U.S. Court of Appeals for the D.C. Circuit – seems determined to ignore Madison’s message.
Under a plan launched by the Obama administration, EPA claimed the power to reorder industries in the name of climate change. EPA believed it could shut down power plants, force power companies to invest in their competitors, and take otherwise extreme measures never before seen. And it claimed the right to do these things without any obvious green light from Congress.
My state of West Virginia led a broad coalition of other states in filing suit to stop the plan. Many other private companies, organizations and individuals joined with the state coalition in challenging EPA’s authority; even Obama adviser Laurence Tribe came out against the plan. In 2016, an unprecedented step, the Supreme Court agreed with us –staying this so-called "Clean Power Plan" right out of the gate.
The Trump administration saw the Clean Power Plan for what it was. But when that administration tried to permanently undo the effort, the D.C. Circuit held that it was the Trump EPA that erred. EPA, the court said, has effectively "no limits" on the measures it can use to regulate power plants and other carbon-emitting industries.
Of course, just about every industry emits some carbon. So now, anyone might find themselves in EPA’s crosshairs: manufacturing facilities, hotels or even private homes.
The Supreme Court has the chance to set things right again when it hears West Virginia v. EPA later this month.
(Excerpt) Read more at foxnews.com ...
Let’s hope. The EPA is doing more damage to our country than most people realize. Shut it down.
I’m not holding my breath. Even this conservative court is largely “woke.”
Righhhhhttttttt! John Roberts, pick up the white courtesy phone. Better get ‘er done before kadisha gets approval from the senate. After that who knows.
Absolutely.
Please! Reign in these bureaucrats. WOTUS needs to go. Congress needs to do it’s job!
2 conservatives, 4 flip floppers and 3 communists is not a conservative court.
I am not impressed with any of the Trump nominees and I don’t think he is either from his speech Sat.
The Supreme Court is a federal branch, and they almost always side with the feds. So I never expect much when any states rights issues go before the Supreme Court. Among the many tragedies that came out of the Civil War is that the concept of states rights became associated with rebellion against the feds. States rights have been eroding ever since.
I’m not sure who Trump listened to in his Court nominees, but he needed to get better advisors. I know Barrett was highly touted, but I still had reservations about her. Mostly because she is a woman.
We will see whether or not the Trump appointees were really wolves in sheep’s clothing.
Should they support W. VA’S CASE? Yes. Will they ? No
Hope I am wrong
He went from a list presented to him by Federalist Society.
Personally, and this would NOT have been a popular choice, I would have nominated Alabama Supreme Court Justice Tom Parker. He makes nearly EVERYONE else on the Court look like a raving leftist.
Blame the 17th Amendment.
FR: Never Accept the Premise of Your Opponent’s Argument
While the mission of the EPA is arguably needed, why do all three branches of post-17th Amendment ratification federal government all too often blatantly ignore that the states have never expressly constitutionally given the feds the specific power to deal with many issues that are reasonably state power issues, policing the environment a state power issue imo.
Even if the states had expressly constitutionally given the feds the specific power to police environment, it remains that career lawmakers should not be front-ending their legislative / regulatory responsibilities with non-elected bureaucrats running constitutionally undefined, so-called "federal regulatory agencies."
The delegates to the Constitutional Convention had intended for lawmakers, especially representatives, to risk getting voted out of office for supporting unpopular laws and regulations imo.
Constitutionally undefined federal regulatory agencies effectively nullify the voting power of ordinary citizen voters imo.
Insghts welcome.
Patriots are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed patriot candidates.
Again, insights welcome.
I do blame the 17th Amendment and the 16th Amendment too.
Agree
“I’m not holding my breath. Even this conservative court is largely ‘woke’.”
Be careful. Breathing releases carbon dioxide—a greenhouse gas.
The Courts could decide that the EPA can regulate when you must hold your breath.
After that, saying you’re not going to hold your breath will get you banned from social media, and eventually you’ll get rounded up like those who walked into the Capitol building on Jan 6.
So you think a woman can not be a Supreme Court Judge? Shame on you.
Cannot? That's just stupid because there are already 3.
Should not? Absolutely!
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