The U.S. Supreme Court shortened the leash of the Environmental Protection Agency (EPA) Thursday in a 6-3 decision. The high court ruled that the agency had exceeded its authority under the Clean Air Act by trying to regulate greenhouse gases released by electric utility companies using coal-fired plants.
Chief Justice John Roberts wrote the majority opinion.
“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,’” Roberts wrote. But only Congress, or an agency with express authority from Congress, can adopt a “decision of such magnitude and consequence.”
The case, titled West Virginia v. EPA, is the latest in major wins for conservatives, which include decisions that:
- States cannot discriminate against parochial schools when financing school choice programs
- State and local governments cannot impose arbitrary, subjective requirements to obtain concealed weapon permits
- There is no right under the Constitution for a woman to abort her child, striking down the landmark 1973 Roe v. Wade decision and sending the issue to the states
- The First Amendment’s Free Speech Clause and Free Exercise Clause guarantee the right to privately pray on school grounds
The decision outraged Democrat members of Congress, beginning with Sen. Elizabeth Warren.
“Our planet is on fire, and this extremist Supreme Court has destroyed the federal government’s ability to fight back,” the Massachusetts Democrat said. “This radical Supreme Court is increasingly facing a legitimacy crisis, and we can't let them have the last word.”
Senate Majority Leader Chuck Schumer turned the heat up a tad more.
“The decades-long fight to protect citizens from corporate polluters is being wiped out by these MAGA extremist justices,” the New York Democrat said. “Every Republican who helped seat these justices is complicit. It's all the more imperative that we soon pass meaningful legislation to fight the climate crisis.”
On the House side, socialist-leaning Rep. Alexandria Ocasio-Cortez, who initially promoted the idea of a Green New Deal, was equally horrified, and called for a complete government overhaul.
“Catastrophic,” is how the New York Democrat described the decision. “A filibuster carveout is not enough. We need to reform or do away with the whole thing, for the sake of the planet.”
Finally Re.p Rashida Tlaib used the overused “F-word” to describe the court (no, not that F-word).
“Fascist SCOTUS guts the EPA's ability to regulate carbon emissions, fight climate change,” the Minnesota Democrat tweeted. “The federal government will be restricted from regulating anything of significance in the absence of a clear Congressional directive to do so.”
All four ignore one simple fact: Roberts’ majority opinion said that Congress never gave the EPA the authority to regulate greenhouse gases emitted by electric power plants.
If they want to change that, all they have to do is do their jobs. And there is no better time to do it than now while they control the House, the Senate, and the White House.
But then again, it’s easier (and probably more fun for them) to just vent their rage for the cameras and their constituents.
It wasn’t just members of Congress who bellyached — the leftist press did also, starting with MSNBC’s Chris Hayes. He predicted that the court’s decision would usher in the End of Days — seriously.
“Run out of words to describe this court, but, among other things, it's now a threat to the planet,” he said.
But the hyperbolic headline of the day award goes to Rolling Stone.
“Supreme Court Rules 6-3 That the Planet Should Burn,” its headline screamed.
Nationally syndicated talk radio host Dana Loesch responded, “Actually, they said that it’s Congress’s job to craft policy, not a regulatory agency, but stupid sells.”
Rolling Stone added a sub-header: “The highest court in the nation ruled on Thursday that the Environmental Protection Agency’s ability to regulate climate pollution should be limited.”
Um, nope. That’s wrong, too. The Court didn’t say the EPA’s power should be limited. The court said its power was limited, but that Congress could give them that authority.
Here’s another idea. Maybe the press could do its job also. Instead of editorializing with hyperbolic predictions of doom, gloom and the manmade extinction of the human race, maybe they could, you know, do their job also — just like Congress should.
Maybe they could simply report the facts — accurately and unvarnished.
But like the lady said, “stupid sells” — not just for journalists, but also for Democratic lawmakers seeking reelection.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter. Read Dorstewitz's Reports — More Here.
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