The Roberts Court could have several options to slow down or hamstring climate-change action even if it declines to make a frontal assault
The Roberts Court: A Yellow or Red Light for the Green New Deal? Photo: Mandel Ngan/AFP/Getty Images It’s not a novel idea that control of the U.S. Supreme Court is one of the great prizes in contemporary presidential elections. Indeed, in 2016 Donald Trump shrewdly made uniquely specific SCOTUS promises to white conservative evangelicals that bonded them to his candidacy in record numbers.
What makes the study interesting is that it uses the justices’ past rulings, as well as other conservative legal scholarship, to elaborate a picture of the specific legal doctrines they might employ to strike down efforts to legislate against global warming. The study concludes that their records clearly demonstrate they will have many such doctrines to weaponize in this fashion.
It should be noted that Moyn and Belkin are both associated with a progressive group — Take Back the Court — that advocates radical solutions to obstruction by the Court, including expansion of the number of Justices serving on SCOTUS.
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