'A powerful and reactionary judiciary at work alongside a dysfunctional Congress and hamstrung bureaucracy is a recipe for disaster.'
On the last day of its term, the U.S. Supreme Court on Thursday issued an opinion that gutted the ability of the Environmental Protection Agency to regulate power plants and take meaningful steps to address climate change.was grounded in the"major questions doctrine," an interpretive approach that dramatically weakens the ability of government to actually do things, while just as dramatically strengthening the ability of the judiciary to intervene.
And what is the Court"advising" the EPA in this opinion? It is advising the EPA that it can do very little to combat climate change.for power plants. The majority decided that the EPA's choice was wrong in this instance, because in"extraordinary cases" an agency can't take a particular action unless it can"point to 'clear congressional authorization' to regulate in that manner.
In other words, in those"extraordinary cases" covered by the major questions doctrine, agencies will be powerless to act unless Congress anticipated the exact situation confronting the agency and accurately predicted the agency's determination of the best policy response.
Judges are unelected, they are around for life, and as we have seen in painful technicolor in the past few weeks, they have immense—and growing—power to impose their personal understandings of political and moral virtues on the rest of us.
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