Anne Gorsuch will have her revenge on the EPA
Neil Gorsuch’s wet dream, and a nightmare for the planet:
A holding that this particular delegation is unconstitutional would not *formally* prevent Congress from passing a more specific, constitutional delegation (or regulating climate change directly). But everyone (including the Justices) knows why such reforms would be … unlikely.— Steve Vladeck (@steve_vladeck) October 29, 2021
To deny the effective ability of the federal government to regulate emissions based on a transparently unworkable doctrine that has been applied for all of five months 86 years ago would be absolutely insane, and is also easily the most likely outcome. This Supreme Court supermajority is extraordinarily radical, and much of the official Supreme Court press had done a disastrously poor job of communicating this:
Fondly remembering six months ago, when pundits were telling us the same Supreme Court that might soon declare science unconstitutional is Pretty Moderate, Surprisingly Reasonable, Not Actually All That Bad If You Really Think About It pic.twitter.com/7k6npladwO— Jay Willis (@jaywillis) October 29, 2021
We’re cooked, in more ways that one.