THURSDAY, JUNE 30, 2022
New Court, new political tasks: Returning to our sprawling campus, we learned that the new Supreme Court had done it again.
We'll characterize the new Supreme Court, and how we got it, on some other occasion. For now, we'll go with this statement by Chief Justice Roberts, as quoted in the New York Times:
LIPTAK (6/30/22): The question in the case, Chief Justice Roberts wrote, turned on the scope of the language of the Clean Air Act. Under it, he wrote, Congress had not clearly given the agency sweeping authority to regulate the energy industry.
“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,’ ” he wrote, quoting an earlier decision. But, he added, “a decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body.”
As with Roe, so too here. Whatever you think of the Court's decision, our blue tribe is left with a political challenge, with the need to persuade many Others.
We're left with a political challenge. It's hard to succeed at such tasks.