Two SCOTUS Cases Breaking

Sorry—later today. I have things to do. However, the important one is the EPA case, and that’s looking good per Fox—it’s a reaffirmation of Federalism, but also a body blow to the Admin State. It’s also a body blow to the Globalist agenda in the US:

The Supreme Court dealt a significant blow to the Biden administration’s climate change agenda, ruling Thursday that the Environmental Protection Agency cannot pass sweeping regulations that could overhaul entire industries without additional congressional approval.

The 6-3 decision limits how far the executive branch can go in forcing new environmental regulations on its own.

"Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible ‘solution to the crisis of the day,’" Chief Justice John Roberts said in the Court's opinion. "But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body."

Jonathan Turley:

Jonathan Turley @JonathanTurley

The EPA decision is likely to have the most lasting and significant impact in these decisions. While it does not overrule Chevron, it reaffirms the need for major questions to be addressed by Congress and not just the agencies.

Disappointing that Chevron isn’t flat overruled, but it’s a pointer to all those Trump appellate judges. They may well feel empowered to extend the reasoning to other areas and let the SCOTUS sort it out—or let the new ideas stand.

More Turley:

Due to the EPA decision, it will be much more difficult for President Biden to order sweeping environmental changes without congressional approval...

...The Court states "This view of EPA’s authority was not only unprecedented; it also effected a “fundamental revision of the statute, changing it from [one sort of] scheme of . . . regulation” into an entirely different kind."

...Senate Majority Leader Schumer has condemned the decision which is curious for the head of one of the houses of Congress. This opinion reaffirms the power of the Congress and Article I powers generally.

...It is a curious sight of a congressional leader denouncing a decision that prevents the circumvention of Congress. It is a virtual statement of self-loathing like a player complaining of being sent back into the game by the coach.

...This is not the first time that Democrats have called for a president to usurp the authority of their own branch. It undermines the faith held by figures like Madison that ambition would combat ambition in the protection of the separation of powers.

A Question of Power: The Imperial PresidencyBelow is my column this week in American Legion Magazine which juxtaposed my view of the Obama presidency with the opposing view of William Howell, the Sydney Stein Professor in American Politics a…https://jonathanturley.org/2014/05/21/a-question-of-power-the-imperial-presidency/

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Well, Schumer’s attitude simply confirms that politics in modern America is about remaking our constitutional order, not about living within it. The Climate Change agenda is key to Globalism, so while this opinion is limited it hits directly at the Left’s agenda.