Judges Send Message to Congress

It’s fascinating to see Thursday’s Supreme Court decision to rein in the Environmental Protection Agency’s climate agency as a rocket aimed solely at bureaucratic swamps. It’s also just a caress for the issuer of that bureaucracy: the lousy U.S. Congress.

Getting rid of the crippling technical descriptions of public opinion and judgment is a joy to read. Six conservatives on the court, in the opinion of Chief Justice John Roberts, have officially declared the “key question doctrine”—a concept that has appeared in several previous court decisions—to become a living principle. The federal bureaucracy is no longer allowed to impose programs of great “economic and political significance” on a country without “explicit congressional authorization”. Hallelujah.

https://www.wsj.com/articles/justices-message-to-congress-west-virginia-v-epa-supreme-court-administrative-law-major-questions-delegation-john-roberts-11656626942 Judges Send Message to Congress

Mike Fahey

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