Thursday, June 30, 2022

Liberalism and the deep state takes another blow from the USSC

Supreme Court handcuffs Biden’s climate efforts
The Supreme Court dealt a major blow to President Joe Biden’s climate strategy, ruling that the Environmental Protection Agency has only limited authority to regulate carbon dioxide from power plants.

 The ruling means that Biden will face huge obstacles to addressing climate change through executive branch action — on top of Democrats’ failure to get a climate bill through Congress.

Of  course this ruling has nothing to do with Climate Change, but rather it is all about the authority of deep state agencies like the EPA to create their own rules and regulation without the input of Congress. The ruling basically states that if you want a law to regulate carbon on power plants, then pass one. 

This has been one of the favorite tactics of the left especially on political topics where they do not draw necessarily large national support. They pack these federal agencies with politically liberal leaders and workers and then rely on what has been a "broad" power of these agencies to create their own "rules and regulations" that are only indistinguishable from a law by semantics. 

Out of all of the ruling from this session, this one might have the most long standing impact and may open the door to chop much of this deep state legislation through "rules and regulations" off at the knees. 

48 comments:

Coldheartedtruth Teller said...

This one I misunderstood before.

The Supreme Court 0will hear arguments in its fall 2022 session on whether state courts play any role in judging the constitutionality of election laws and legislative district maps passed by state legislatures.

The case of Moore v. Harper is 0brought by Republicans in the North Carolina state legislature who claim that state courts have no say on whether the voting laws they write or the district maps they adopt are unconstitutional under their state’s constitution.

I don't think that this Supreme Court will strip away their powers.


Coldheartedtruth Teller said...

This one is just another example of anti Federalist philosophy

rrb said...



The case of Moore v. Harper is 0brought by Republicans in the North Carolina state legislature who claim that state courts have no say on whether the voting laws they write or the district maps they adopt are unconstitutional under their state’s constitution.

Just like the one party rule democrats here in NY, who pulled the exact same shit.

If you weren't such a partisan HACK you could appreciate, as I and CH do, why adults need to be put in charge of situations like this.

Coldheartedtruth Teller said...

When former President Richard Nixon proposed the formation of the Environmental Protection Agency in 1970, one provision of his proposal was that it would work with the states to establish and enforce standards for air and water quality.

At the time, climate change was a term few scientists — and even fewer politicians — were aware of, even though global temperatures had already started to rise due to the pollution mankind was pumping into the atmosphere.

In a majority opinion written by Chief Justice John Roberts, the Supreme Court conceded Thursday that the Obama-era EPA standard called the Clean Power Plan was intended to curb the greenhouse gas pollution that is causing climate change and which scientists have long warned threatens life on Earth as we know it.

“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.

The "but" clause to that statement, however, revealed the chasm that stands between acknowledging that climate change is a problem and actually doing something about it.

Coldheartedtruth Teller said...

The court sided with the coal-producing state of West Virginia, which sued the EPA, saying the agency had overstepped its authority in trying to enforce the Clean Air Act by limiting power plant emissions.

As Justice Elena Kagan put it in her dissent, the court "appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy. I cannot think of many things more frightening."

Climate activists, too, questioned this new restriction on the authority of federal agency charged with overseeing the nation's environmental health.

"This Court is deliberately handcuffing our ability to respond to the most serious crisis humankind has faced," Lisa Graves, executive director of True North Research and a former Department of Justice official, said in a written statement. "And it is doing so recklessly, during the most crucial decade we have to try to limit carbon’s impact on the heat of our planet, the sustainability of our oceans and agriculture, and our ability as a people to survive the climate changes that are underway."

After four years of former President Donald Trump, who has described climate change as a "hoax" perpetrated by the Chinese government in an attempt to ruin the United States' economy, President Biden announced in April 2021 that the U.S. would seek to cut its greenhouse gas emissions in half by 2030.

That ambitious goal seemed achievable, if only because Biden's Build Back Better agenda — which contained the bulk of the administration's proposals to advance the transition reducing the country's reliance on fossil fuels — had yet to be scuttled by Sen. Joe Manchin, D-W. Va., and the EPA's authority to limit power plant emissions still stood.

To say that the U.S. emissions goal is now in doubt is an understatement. The burden of addressing the threat of climate change has now shifted to Congress, where no Republicans, let alone Manchin, voiced support for BBB.

C.H. Truth said...

I don't think that this Supreme Court will strip away their powers.

Whose powers specifically Roger?

Who will be stripped of power here?

Coldheartedtruth Teller said...

Still, Biden said in a statement Thursday that he would continue to use his executive authority to try to achieve his emissions goals.

"While this decision risks damaging our nation’s ability to keep our air clean and combat climate change, I will not relent in using my lawful authorities to protect public health and tackle the climate crisis," he said in his statement.

As the New York Times reported earlier this month, West Virginia v. EPA was part of a broader campaign by conservatives to wage war on environmental regulations nationwide. Part of that effort has been the selection of judges to the federal bench who are more sympathetic to the energy industry than government regulators. The legal challenges to regulating carbon emissions, in other words, will not stop.

Given the enormity of the climate change problem, activists say that voters, elected officials, the business community and the scientific community will all need to be on the same page in proceeding with the urgent business of curbing emissions. Such a consensus has yet to emerge, even among left-leaning voters.

In a new Yahoo News/YouGov poll that asked Democrats to name "the most important issue to you when thinking about this year's election," only 5% said climate change. In a 2021 Yahoo News/YouGov poll, 67% of Republicans said that climate change "is not an emergency."

How the world got to this juncture, and who is to blame, is almost beside the point. As the Intergovernmental Panel on Climate Change reiterated in its April report, the window of opportunity to keep average global temperatures from exceeding the 1.5 degrees Celsius threshold is quickly closing.

“The jury has reached a verdict. And it is damning,” U.N. Secretary-General Antonio Guterres said in a statement that accompanied the findings of thousands of scientists. “This report of the Intergovernmental Panel on Climate Change is a litany of broken climate promises. It is a file of shame, cataloging the empty pledges that put us firmly on track towards an unlivable world.”

The consequences of climate change can be seen everywhere. The atmospheric concentration of carbon dioxide continues to set new records, and it won't take a pause until enough members of Congress are elected who are willing to reinstitute the regulatory regime just upended by the Supreme Court.

Coldheartedtruth Teller said...

Environment regulations.

As they exist but they can be changed by the congess

C.H. Truth said...

More to the point Roger...

Someone's power is stripped away.

Either it's the legislation's power to create maps that is being stripped or the court's ability to void those maps.


The question is textual in essence. The constitution gives this authority to the State legislation, not the State as an Entity.

How that is perceived is anyone's guess. I can realistically see arguments both ways, but most certainly there were courts that abused this power by basically denying everything "but" what certain people (unelected) wanted. If those courts are overstepping their boundaries I could see the Federal courts stepping in on this.

Coldheartedtruth Teller said...

Regulations on carbon emissions in the original Nixon EPA

Honest, decent, truthful Rev. said...

Supreme Court Steps Into the Void
June 30, 2022 at 1:00 pm EDT By Taegan Goddard 177 Comments

Washington Post: “With those back-to-back rulings, the Supreme Court’s recently empowered conservative bloc demonstrated that, barring a return to a better functioning Congress, those justices will essentially serve as the legislative branch on some of the most pressing issues of the day.”

“That power shift came through in a statement from Sen. Susan Collins (R-Maine). A key swing vote on the confirmations of Justices Neil M. Gorsuch and Brett M. Kavanaugh, Collins accused them Friday of giving misleading answers to her about the importance of respecting previous court precedents during one-on-one meetings ahead of their 2017 and 2018 confirmations.”

Coldheartedtruth Teller said...

Right now I think that the Supreme Court has become the most powerful branch of our government

We have to do what FDR failed to expand the number of justices and limit them to 10 to 20 year terms.

Coldheartedtruth Teller said...

We don't elect them.

Coldheartedtruth Teller said...

The answer is that under the Constitution, the number of Supreme Court Justices is not fixed, and Congress can change it by passing an act that is then signed by the President.

Coldheartedtruth Teller said...

Senator Rubio introduced a law to limit it to 9 justices.

Coldheartedtruth Teller said...

From Roe v Wade to the gun control laws in New York etc.

Trump's legacy will be a Supreme Court controlled government.

Caliphate4vr said...

We have to do what FDR failed to expand the number of justices and limit them to 10 to 20 year terms.

Fuck you. We’ve waited 30 years to get a SCOTUS that understands the constitution, suck it up buttercup

The best thing Trump did!!!

rrb said...

Blogger Coldheartedtruth Teller said...

Right now I think that the Supreme Court has become the most powerful branch of our government



By returning power to the states.

Right.

This is why I'm convinced that you're mentally ill, and that there's no way in hell you leave your facility alive.

Honest, decent, truthful Rev. said...

Supreme Court rules against EPA effort to regulate power plant emissions in major climate suit
John Fritze, USA TODAY
Thu, June 30, 2022 at 1:02 PM·5 min read

WASHINGTON – The Supreme Court on Thursday ruled against an Environmental Protection Agency effort to regulate power plant emissions, dealing a blow to the Biden administration in one of the most significant climate cases decided by the high court in more than a decade.

Chief Justice John Roberts wrote the opinion for a 6-3 majority, the latest in a series of major decisions on abortion, guns and religious freedom in which the court's conservatives largely stuck together. The court's three liberal justices dissented.

At the center of the climate case was a question about whether the EPA had authority to curb carbon emissions from power plants. Simmering just below the surface was a deeper debate over how much authority all federal agencies have to issue regulations absent explicit authorization from Congress – an issue with far-reaching implications.

"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 for the majority. OF COURSE! THAT'S WHY IT SHOULD BE DONE!

But, Roberts asserted, it wasn't plausible that Congress intended to give the environmental agency the power to regulate those emissions without saying so in the law explicitly. A "decision of such magnitude and consequence rests with Congress itself," he said, or an agency acting with clear consent of lawmakers.

In a dissent joined by the court's other two liberals, Associate Justice Elena Kagan wrote that the court was stripping the EPA of a vital authority.

"The stakes here are high," Kagan wrote. "Yet the court today prevents congressionally authorized agency action to curb powerplants’ carbon dioxide emissions. The court appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy. I cannot think of many things more frightening."

Though climate change itself was not widely discussed during oral arguments earlier this year, the case arrived at the high court as scientists, U.S. military officials and the United Nations have warned about dire and imminent consequences of that phenomena. A report in April found that without immediate emission reductions, limiting global warming to 1.5 degrees Celsius – a key cutoff for curbing sea-level rise – is "beyond reach." SOON ALREADY BEYOND REACH!

THE GOP IS THE BACKWARD LOOKING, IRRESPONSIBLE PARTY.

Coldheartedtruth Teller said...

In short, the court holds that only Congress, not the EPA, has the power to regulate emissions.

The same thing allies to Roe v Wade and gun control laws.


If the person figure out how to make these three things the reason to vote for Democrats

The middle term election will give the GOP the House but not the Senate.

In 2024 they need to find the right candidate to make the case to the public 🙄

Honest, decent, truthful Rev. said...

KEEP ON OVERREACHING, GOP!
KEEP RIGHT ON OVERREACHING!!!

Anonymous said...

Bingo
Caliphate4vrJune 30, 2022 at 1:22 PM

We have to do what FDR failed to expand the number of justices and limit them to 10 to 20 year terms.

Fuck you. We’ve waited 30 years to get a SCOTUS that understands the constitution, suck it up buttercup

The best thing Trump did!!!"

Anonymous said...

The Trump Court has been outstanding.
They are young men and women.
Thus , this court will be Reagan's " Shinning light on the Hill."

Coldheartedtruth Teller said...

Trump put a fan on his Secret Service agents.

'He's a Trump acolyte': Reporter shreds Secret Service agent's credibility in face of denials about SUV incident

Travis Gettys

June 30, 2022

A reporter who has written a book on the Secret Service shredded the credibility of a former agent who has pushed back against Cassidy Hutchinson's bombshell testimony.

The former White House aide testified that Tony Ornato, who moved from the Secret Service to deputy chief of staff, told her that Donald Trump became irate when his security detail would not take him to the U.S. Capitol on Jan. 6, 2021, and lunged for the steering wheel of his armored SUV and physically attacked his lead agent, and Washington Post reporter Carol Leonnig poured cold water on his denials.

"This is a person who worked as President Trump's security detail leader, and the boss liked him so much he installed him in a political White House job," Leonnig told MSNBC's "Morning Joe." "That broke every Secret Service tradition in the book because he stayed as a Secret Service employee, but Trump essentially had him directing the Secret Service to make sure that all of its campaigns events, all of his photo ops, everything that he wanted to do to get re-elected went off without a hitch."

The wheels grabb may have actually done

rrb said...

Blogger Coldheartedtruth Teller said...

In short, the court holds that only Congress, not the EPA, has the power to regulate emissions.



WRONG.

The court holds that only Congress can legislate, and that regulations that the EPA would choose to impose by fiat must be laws passed by the legislature.

Whether you realize it or not, the Court is keeping the Federal Government in check, and is protecting the people from governmental over-reach.

For some stupid reason that I'll NEVER understand you on the left insist upon big government, the bigger the better. You have no desire to protect the individual freedoms and liberties that we're supposed to be able to enjoy. From light bulbs to flush toilets to gas cans to who the fuck knows WHAT, you just want more and bigger and larger and more controlling and more grotesque government.

If you guys had your way we'd be surrendering 100% of our earnings to the gaping maw of government, while we're allowed to - by the grace of government - live by a single candlelight.

Anonymous said...

Most of the day Roger post shit he knows is spectacularly wrong.
RRB is Right:
"WRONG.

The court holds that only Congress can legislate, and that regulations that the EPA would choose to impose by fiat must be laws passed by the legislature.

rrb said...



Reporter shreds Secret Service agent's credibility

Easily the most ridiculous thing I'll read this week.

Reporters HAVE NO credibility, and aren't qualified to take a Secret Service agent's garbage to the curb.

When stories get THIS absurd you know they're wounded and flailing.

Coldheartedtruth Teller said...

FYI for fun look up Colstrip Montana power plants. I worked on one of the two smoke stacts 692' I walked around the outside scaffold a few times and you wouldn't believe it

We were about 500' and a wind storm hit


It wobbled quite a bit

The two I worked on are still working.

C.H. Truth said...

We don't elect them.

Which is the point...

The Courts are supposed to be the area of our Government "NOT" controlled by the whims of public opinion. They are supposed to be literally grounded to what the constitution states...

Their own personal opinions, public opinion, or political opinions are not supposed to matter.


So far their rulings are not taking anything away. They put abortion back to the states (never was in the constitution), they reconfirmed the Second Amendment (which is in the constitution), they reconfirmed the first amendment right to practice religion on your own time, and most recently they required "laws" to be passed by Congress and not pushed forward by agencies..


which are also not "elected" and still create pseudo laws.

Coldheartedtruth Teller said...

Former White House aide Cassidy Hutchinson’s Tuesday testimony ought to ring the death knell for former President Donald Trump’s political career. Trump is unfit to be anywhere near power ever again.

Hutchinson’s resume alone should establish her credibility. The 25-year-old had already worked at the highest levels of conservative Republican politics, including in the offices of Sen. Ted Cruz (TX) and House Minority Whip Steve Scalise (LA), before becoming a top aide for former Trump chief of staff Mark Meadows.

In short, Hutchinson was a conservative Trumpist true believer and a tremendously credible one at that. She did not overstate things, did not seem to be seeking attention, and was very precise about how and why she knew what she related and about which testimony was firsthand and which was secondhand but able to be corroborated.

Coldheartedtruth Teller said...

https://www.washingtonexaminer.com/opinion/editorials/trump-proven-unfit-for-power-again

Coldheartedtruth Teller said...

Agencies regulate medicine and injections are immunity injections.

You really want to end it

C.H. Truth said...

Former White House aide Cassidy Hutchinson’s Tuesday testimony ought to ring the death knell for former President Donald Trump’s political career. Trump is unfit to be anywhere near power ever again.


Well there you go...

I am sure that his political fortunes are over now!

Because this person said so!

Anonymous said...

Bidenomics has failed Americans

Roger, you voted for this Fucktard.

When asked when gas prices will get as low as when he took office?

Answer
"US Will Face High Gas Prices ‘as Long as It Takes,’ Biden Says

Anonymous said...

Atlanta Federal Reserve
GDP growth in Q2 2022 is -1.0%. "

2nd quarter of negative GDP.

Coldheartedtruth Teller said...

CNN — 

In a setback for Florida Gov. Ron DeSantis and Republican lawmakers, a Florida judge has ruled that a new state law banning abortions at 15 weeks is unconstitutional and he intends to block it from taking effect on Friday.

In a verbal ruling on Thursday, Second Judicial Circuit Court Judge John Cooper said he would be issuing a temporary statewide injunction that will go into effect once he signs the written order in the challenge brought by some Florida abortion providers.

Coldheartedtruth Teller said...

Kentucky too

Coldheartedtruth Teller said...

CNN — 

In a setback for Florida Gov. Ron DeSantis and Republican lawmakers, a Florida judge has ruled that a new state law banning abortions at 15 weeks is unconstitutional and he intends to block it from taking effect on Friday.

In a verbal ruling on Thursday, Second Judicial Circuit Court Judge John Cooper said he would be issuing a temporary statewide injunction that will go into effect once he signs the written order in the challenge brought by some Florida abortion providers.

Coldheartedtruth Teller said...

https://www.washingtonexaminer.com/opinion/editorials/trump-proven-unfit-for-power-again

rrb said...

Hutchinson’s resume alone should establish her credibility.

Indeed.

She was all of 23 years old at the time. I'm sure her proficiency at fetching coffee and answering the phone is without equal.

Just when you think the J6 clown show cannot possibly get any more absurd...

Anonymous said...

Technically this makes Bidenomics in a Recession.
Atlanta Federal Reserve
GDP growth in Q2 2022 is -1.0%. "

2nd quarter of negative GDP.

Coldheartedtruth Teller said...

POLL OF THE DAY — By a 48% to 31% margin, Americans think DONALD TRUMP should be criminally charged over Jan. 6, per a new AP/NORC Center for Public Affairs Research poll. One-fifth don’t know enough to say. (That’s a pretty steep hill to climb if Trump wants to run again in 2024.)

Coldheartedtruth Teller said...

https://www.washingtonexaminer.com/opinion/editorials/trump-proven-unfit-for-power-again

Roger Amick uncensored said...

https://www.washingtonexaminer.com/opinion/editorials/trump-proven-unfit-for-power-again

C.H. Truth said...

what is so interesting is when you hear people say things like "the ruling means that agencies cannot make rules pertaining to major issues without Congressional consent" - as if this ia bug and not a feature?

I think this is one of those situations where the USSC would have probably left well enough alone, but these agencies just keep pushing their boundaries and pushing and pushing... thinking they were unstoppable.

Anonymous said...

USSC ✋

It is the Trump Court.
98% of the Rulings i agree with,the other 2%, well it is what it is.

With it all said and done i would nsver riot of threaten the USSC or like Roger did wish anyone Dead. .

Anonymous said...

Team Biden
"Abolish the USSC , TO save the Planet"

Myballsinthewoodsagain said...

That ap norc survey Roger the jackass is touting is an online e survey with no party affiliation breakdown.

More stupid shit from him.