Could Be Cataclysmic!

Don’t you luv cataclysms in Constitutional Law? Because, these days, cataclysms at the SCOTUS level almost always redress constitutional excesses established by the Left. That’s why they’re so into stare decisis as applied to constitutional interpretation—they want you to think that means mistakes can’t be rectified when the Left makes “mistakes”.

I chose that title mostly to plug Don Surber’s post on the EPA case:

West Virginia saved America. You're welcome

Don has every right to be crowing, because he’s been on this case from the beginning.

This morning, the Supreme Court handed down its most important decision since Heller. Chief Justice John Roberts writing for his 6-3 majority told the EPA that its powers are not infinite …

…

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, told the ruling "could be cataclysmic for modern administrative law."

I sure hope so because the unelected people inside the DC bubble have no clue of how America operates. They listen to lobbyists who seek favor. The carbon dioxide nonsense led to restrictions on coal, oil and natural gas and billions in subsidies for windmills and the like. Tesla may be the nation's largest company but it got there through welfare payments courtesy of Lord Obama.

Right. Cataclysmic for “modern administrative law.” Poor babies! Boo-hoo for Admin Law profs! For our constitutional order? Eh, not so much. In fact, the ruling restores the rule of law in a very fundamental sense—big changes, said the SCOTUS, need to be voted on by our elected representative, not handed down by administrative fiat. What a concept! In other words, such changes need to be done in the form of actual laws, legislation, rather than regulations that agencies jigger with—seemingly at their own discretion. Expect Trump’s appellate judges to be taking a very close look at administrative law cases coming before them in the future, or that may be already in the pipeline. And expect many more challenges. Cataclysmic means, Poison to the Left’s agenda.

So go read Don celebrating.