BREAKING: Supreme Court has agreed to consider whether to limit EPA's authority to regulate carbon emissions from power plants
In both these cases the Supreme Court is hearing cases involving federal regulations issued by the previous administration that were thrown out by lower courts and that the current administration has no intention of pursuing. The court in the past would generally avoid such cases
Biden travels to the COP26 global climate talks in two days.

The Supreme Court's involvement could stymie his administration's effort to curb carbon emissions from power plants
There's a long history here. One of Justice Scalia's last judicial acts was to cast a vote to block Obama's Clean Power Plan back in 2016. It never went into effect, giving Trump the chance to issue a deregulatory replacement plan
reuters.com/world/us/us-su…
Trump's replacement plan was also tossed out and the Supreme Court, somewhat surprisingly, is hearing industry/state appeals of that decision despite the fact Biden admin wants to come up with its own version
U.S. Supreme Court to hear bid by coal companies and Republican states to curb federal power to limit carbon emissions reuters.com/world/us/us-su…
.@jadler1969 says climate regs case
"could well become one of the most significant environmental law cases of all time," esp if the court looks more broadly at how Congress delegates its power to federal agencies
reason.com/volokh/2021/10…

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More from @lawrencehurley

18 Oct
BREAKING: U.S. Supreme Court rules in favor of two different police requests seeking "qualified immunity" legal defense in excessive force cases
Supreme Court issues two summary rulings in favor of cops in cases where the lower courts had denied qualified immunity. No dissents
In one case, cop in California was accused of using excessive force while handcuffing a suspect while in the other, cops in Oklahoma fatally shot a man wielding a hammer
Read 10 tweets
14 Oct
Supreme Court commission "discussion materials" are out
whitehouse.gov/pcscotus/publi…
Commission says "risks of court expansion are considerable" and "would be perceived by many as a partisan maneuver"
Members of the commission "are divided on whether court expansion would be wise."
Read 8 tweets
13 Oct
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
The court has never posted the justices’ financial reports. If you want to see them you have to get copies by applying to the Administrative Office of the U.S. Courts
(h/t @nateraymond for spotting the phantom menu option)
Read 4 tweets
12 Oct
Supreme Court announces action on pending appeals at 9:30, including potentially some big ones left over from last week
Supreme Court then hears oral arguments in an abortion case that's not really about abortion on whether Kentucky AG can intervene to defend an abortion restriction struck down by lower courts
Supreme Court doesn't add any new cases
Read 5 tweets
9 Sep
After a car chase, cop opened fire when suspect put stopped car in reverse. Officer “fired 11 shots through the back windshield and side windows as the car passed near him. Then he changed magazines and fired another 10 shots.” Driver was killed and passengers injured. QI granted
Dissent: use of deadly force not justified. Car was not aimed at cop, was moving slowly and cop did not provide any warning before shooting.

“And not only do I believe the majority opinion is wrong, but I worry that it sets a dangerous standard for police use of force”
We featured a factually similar case in our qualified immunity series in which QI also granted:
Read 4 tweets
8 Sep
Supreme Court to hear oral arguments in person this fall — press release
Court will not allow public in the courtroom but justices, court personnel, lawyers and credentialed journalists will be allowed in. The gamechanger though is that live audio will continue
Supreme Court makes clear this development is, at the moment, for Oct, Nov and Dec arguments only
Read 6 tweets

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