SCOTUS to EPA: You Are Not Above the Law
In perhaps the most significant check on agency power in recent history, the U.S. Supreme Court handed down a 6-3 opinion today in West Virginia v. Environmental Protection Agency, holding that Congress did not implicitly grant the Environmental Protection Agency broad authority to devise stringent emissions caps under the Clean Air Act.
We have won our West Virginia v. EPA case at the Supreme Court. Huge victory against federal overreach and the excesses of the administrative state. This is a HUGE win for West Virginia, our energy jobs and those who care about maintaining separation of powers in our nation.— Patrick Morrisey (@MorriseyWV) June 30, 2022
Supreme Court Declares Partisan Gerrymandering Cases Nonjusticiable; Issues Confusing Opinion in Census Case
The Supreme Court issued two opinions with direct implications for redistricting this morning, on the last day of the October 2018 Term. In a consolidated opinion for Rucho v. Common Cause and Lamone v. Benisek, the Court held that "partisan gerrymandering claims present political questions beyond the reach of the federal courts." In Department of Commerce v. New York, the Court remanded the "census" case to the district court for further proceedings consistent with its rather confusing opinion that held both that it would be permissible for the the Department of Commerce to ask a question regarding citizenship on the census and that the Department did not provide an accurate reason for the question's inclusion.Read more