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SCOTUS saves the day .... again. Date: June 30, 2022 09:21AM |
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Re: SCOTUS saves the day .... again. Date: June 30, 2022 11:04AM |
Even weirder still, the Biden administration actually hasn’t introduced its replacement policy yet—there’s currently no EPA regulation of the power sector actively on the books. Usually, Supreme Court cases are based around an actual policy or piece of regulation that is in play, but this case is based on the idea of what the agency is able to do under the Clean Air Act. The fact that the conservative Court took up this case against a theoretical policy and ruled in favor of the plaintiffs signals that it is more willing to take an active hand in dismantling federal agencies’ ability to regulate than the role the judicial branch would normally play.
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[www.law.cornell.edu]
ArtIII.S2.C1.2.6.1 Ripeness Doctrine: Overview
Article III, Section 2, Clause 1:
The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Like the other justiciability doctrines,1 the ripeness doctrine defines the limits of a federal court's jurisdiction to adjudicate certain disputes.2 Ripeness concerns “the timing of judicial intervention,” and prevents federal courts “from entangling themselves in abstract disagreements” by adjudicating disputes too early.3 ( “[N]o one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” ) (quoting McKart v. United States, 395 U.S. 185, 193 (1969)); Dalton v. Specter, 511 U.S. 462, 469 (1994) (holding that, as a general matter, only “final agency action[s]” are subject to judicial review under the Administrative Procedure Act) (quoting 5 U.S.C. § 704).
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[www.law.cornell.edu]
ArtIII.S2.C1.2.6.1 Ripeness Doctrine: Overview
Article III, Section 2, Clause 1:
The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;—to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Like the other justiciability doctrines,1 the ripeness doctrine defines the limits of a federal court's jurisdiction to adjudicate certain disputes.2 Ripeness concerns “the timing of judicial intervention,” and prevents federal courts “from entangling themselves in abstract disagreements” by adjudicating disputes too early.3 ( “[N]o one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” ) (quoting McKart v. United States, 395 U.S. 185, 193 (1969)); Dalton v. Specter, 511 U.S. 462, 469 (1994) (holding that, as a general matter, only “final agency action[s]” are subject to judicial review under the Administrative Procedure Act) (quoting 5 U.S.C. § 704).
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Re: SCOTUS saves the day .... again. Date: June 30, 2022 12:12PM |
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DeusxMac
As I said last week...
Dismantling anything that gets in the way of increasing their [the plutocrats] wealth: environmental regulations, product safety, minimum wages, consumer protection, banking regulations, etc.
"How much is enough when your soul is empty?
How much is enough in the land of plenty?
When you have all you want and you still feel nothing
How much is enough, is enough?"
Cy Curnin / Scott Cutler / Ashley Hall - The Fixx
!#$@@$#!
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Re: SCOTUS saves the day .... again. Date: June 30, 2022 08:03PM |
IMO, the bit thats most concerning about this is that - at least to me - it sounds like it should have been thrown out due to lack of standing.
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Re: SCOTUS saves the day .... again. Date: July 01, 2022 08:55AM |
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Re: SCOTUS saves the day .... again. Date: July 01, 2022 09:08AM |
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Filliam H. Muffman
Borowitz is so good!
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