Whew - final #SCOTUS decision recap. EPA power on regulating carbon emissions reined in. 6-3 majority finds on such a sweeping regulatory scheme - either Congress has to do it or specifically delegate the authority.
Writing for majority, Chief Justice: "A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body." #EPA#SCOTUS
Justice Kagan's dissent: "The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening."
On "Remain in Mexico" policy, 5-4 Court says Biden admin can roll it back - but litigation not exactly over.
Writing for majority, Chief Justice: : ... the Government’s rescission of MPP did not violate section 1225 of the INA, and the October 29 Memoranda did constitute final agency action. (cont)
(cont) ... We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. On remand, the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the APA.
Next up at #SCOTUS, 12p retirement of J. Breyer. Then Judge (soon-to-be-Justice) Ketanji Brown Jackson will take her two oaths - one administered by the Chief, the other by her former boss, J. Breyer.
On EPA ruling, from Center for American Progress: "Today, the extremist MAGA Supreme Court majority continued its runaway attack on personal freedoms by going after the very air we breathe and jeopardizing our ability to live on this planet."
Also on EPA ruling, from Rep. Jeff Duncan: "The Supreme Court’s West Virginia v. Environmental Protection Agency decision is a win for the American people because it pulls back the EPA to its delegated authority and restores the power to give policy back to Congress."
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From the Chief Justice:
"To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way. 1/
cont:
"We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law. 2/
cont:
"Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust ... 3/
BREAKING FROM SCOTUS: Justice Alito has issued an Order than any ballots received after after 8pm on election day in PA be segregated and secured - and if counted, counted separately. There is a petition pending before SCOTUS. Alito orders opposing side to reply by 2p Saturday.
Alito order: "... neither the applicant (PA GOP) nor the Secretary has been able to verify that all boards are complying with the Secretary's guidance, which, it is alleged, is not legally binding on them."
Many of you have rightly noted that this segregating/securing was already supposed to be happening. PA GOP told SCOTUS today neither it nor the PA Sec of Commonwealth could get all the county boards of election to confirm they were actually complying. Now there's a SCOTUS Order.
BREAKING: DOJ letter to Nadler says negotiations were unprofitable, claims House Dems have needlessly escalated the matter. Says"the Attorney General will be compelled to request that the President invoke executive privilege with respect to the materials subject to the subpoena."
DOJ: "Regrettably, the Committee has made this request necessary by threatening to pretermit the constitutionally mandated accommodation process between the branches and to hold a vote on contempt tomorrow morning."
"This request is not itself an assertion of executive privilege. If the Committee decides to proceed ... the Attorney General will advise the President to make a protective assertion of executive privilege over the subpoenaed material ..."