Editorial: Conservatives no more: Supreme Court’s ruling on EPA’s right to regulate greenhouse gases is a capper on a radical term
First, a "textualist" majority on the Supreme Court ignored the Second Amendment clause, which ties gun rights to "a well-regulated militia." Cherry-picking history to claim that carrying a gun has always been protected, "conservatives" have abolished a centuries-old New York law governing the concealed carrying of firearms and elevated a reinvented individual right to self-defense that appears nowhere in the constitution.
Then the majority, saying that women's right to bodily autonomy appears nowhere in the Constitution, empowered states to ban women from abortion from the moment of conception, and once again advocated a reading of America's past that was not only wrong, but also of dubious relevance.
The logical acrobatics make your head ache. The words of the Constitution matter, except when they don't. Who control history and precedent, except when they aren't.
Now add this to the pile of hypocrisies: The texts of legislation passed by Congress matter except when they don't. So say six judges when they claim the Environmental Protection Agency doesn't have the power to enact "generational change" regulations to limit greenhouse gas emissions at power plants to tackle a gargantuan problem called climate change.
Congress has not specifically mandated such rules, they claim, ergo the EPA has overstepped its bounds. Judge Elena Kagan explodes this claim in her dissent:
"The majority say it's just 'implausible' that Congress would allow the EPA to regulate emissions from power plants through generation switching. But that's exactly what Congress did when it broadly authorized the EPA in Section 111 to select the "best emission reduction system" for power plants. The 'best system' point – no ifs, ands, or buts of any kind relevant here.”
“The majority decision rests solely on one assertion: The generational shift is just too recent and too big a deal for Congress to sanction... But that's wrong. A primary reason Congress establishes broad delegations like Section 111 is so that an agency can respond appropriately and appropriately to new and large issues.”
“The majority today is disregarding this legislative decision.”
The brazen hypocrisy of the Supreme Court majority, unlike US electricity generation, is infinitely renewable.
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