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Politics : Politics for Pros- moderated

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To: Neeka who wrote (764523)6/30/2022 3:42:27 PM
From: Alan Smithee4 Recommendations

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Without reading the 89 page opinion, I'm hoping to find a detailed explanation by a legal blogger about the consequences of the ruling. I'll post what I find.

The Cliff notes version, administrative agencies do not have the delegated power to legislate, which is what EPA did. The authority rests with Congress.

LOL - the “crisis of the day.”

From Powerline:

This case primarily involves statutory construction and is not strictly a constitutional case like Dobbs or Bruen (although the constitutional principle of non-delegation is an important factor) but nonetheless represents a blow against the administrative state. The bottom line: Congress has to do its job. Here is the closing section of Roberts’s 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.” 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.
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