Constitutional law expert Alan Dershowitz told Newsmax Thursday that the Supreme Court's ruling limiting the authority of the federal Environmental Protection Agency (EPA) has less to do with the environment and "much more to do with the power of administrative agencies."
"The Republican majority has, for years now, indicated that it would like to pull back on what's called the Chevron doctrine, which gives administrative agencies powers beyond what they were given legislatively, and this is part of that process," Dershowitz said during an appearance on Newsmax's "Spicer & Co."
"The impact was directly on the environment in this case, but this portends a series of cases in the future in which, if you want legislation, get it — don't ask administrative agencies to do the job for you," he continued.
In a 6-3 decision Thursday, the high court restricted the EPA's authority to regulate greenhouse gas emissions from existing coal- and gas-fired power plants under the Clean Air Act anti-pollution law.
The ruling was based on the "major questions" legal doctrine, which requires explicit congressional authorization for action on issues of broad importance and societal impact.
Dershowitz said that the court has made suggestions about reining in administrative power before, but "today they were clearer than they ever were before and, in the future, they will be even clearer."
"So, what we need is more legislation, less administrative action, and this is part of the dismantling of the administrative state," he said.
When asked about the court's decision that authorizes the Biden administration to end the Trump-era "Remain in Mexico" policy, Dershowitz said the court's message was clear.
"Well, again, if the legislature were to specifically set up rules for this, I think the court would be much more accepting of it and I think, again, this shows a rejection of administrative authority," he said.
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