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Friday, April 06, 2007

The Winners and Losers of the Surpeme Court’s Global Warming Activism

A great article on TCS Daily:

Who are the big winners and losers in Monday’s monumental Supreme Court ruling in Massachusetts v. EPA? A sharply divided 5-4 decision found that the Environmental Protection Agency has the authority under the Clean Air Act to regulate greenhouse gas emissions from automobiles—most notably carbon dioxide—despite the fact Congress has considered and rejected such proposals in the past. Taking its judicial activism one step further, the Court ruled the agency must provide a sound scientific rationale if it chooses not to regulate them in the future.

The decision to grant standing to the Bay State involved even more contorted legal arguments. The majority wrote that as a sovereign state, Massachusetts should be afforded special deference. It is an odd assertion. Thus legal observers were treated to the bizarre sight of Justices John Paul Stevens, Ruth Bader Ginsburg, and David Souter citing the principle of states’ rights in permitting the lawsuit to proceed. In reality, Monday’s ruling turns notions of federalism and states’ rights on their head. Previous rulings protecting states’ sovereignty did so by repealing overreaching federal laws or regulations. Monday’s case did no such thing; the plaintiffs argued that the federal government wasn’t acting.

The second paragraph is a great point.  SCOTUS ruled that in order to protect the sovereignty of the states the federal government MUST regulate every act made by every person in every state.  That is the logic of totalitarianism.

The article makes the case that the decision by the Supreme Court will mainly benefit the nuclear industry.  Nuclear power is the only power source that step in for coal.  The other ‘alternatives sources’ are limited and uneconomical at best.  The law has been changed to make it easier to build nuclear power plants.

If the building of nuclear power plants was the extent of the new regulations I guess that would be rather benign.  But since the science of global warming is based on a flawed premise there will be no end in regulation.  In the end this power gives the government would give the government the power to decide what we drive, what we do on vacation, where we work, what we do on our time off.  In fact since the very act of breathing produces carbon dioxide they may decide like the Chinese to limit how many children we have.  All in the cause of Junk Science.

It’s like my brother said once.  The global warming cult can be compared to savages that sacrifice the young to the volcano gods.  If throwing one virgin into the crater doesn’t quiet the volcano then they’ll sacrifice two.  Of course the volcano doesn’t care.  It’s going to erupt or not depending on the natural laws.  But as long as you let them start down the road to their fantastic beliefs and fixes then sooner or later it will be your daughter that get’s thrown down the crater.  It’s the same way with global warming.  The Earth is in a warming cycle.  Sacrificing my SUV isn’t going to make one bit of difference what the climate is.  When the sacrifice of my SUV doesn’t solve the problem the cult will demand that I sacrifice my compact car, my barbecue grill and my fireplace.  But the Earth doesn’t care, it’s in a warming cycle. 

This is an article that you should read in it’s entirety.  The one problem with this article is that it accepts the big lie that industry will take the brunt of the regulation.  That’s untrue.  The costs and sacrifices will be borne by the consumer, you and me.

Comments

SCOTUS has absolutely no power to enforce its decisions - NONE! Their role is to review laws and actions of the US Government and to interpret their conformance with the Constitution. If either or both of the other two Separate but Equal Branches chooses to ignore their rulings, the only Constitutional corrective is the ballot box; and in cases wherein the Executive Branch was judged guilty of criminal misconduct in the matter, to issue articles of impeachment

Thus, Bush may simply ignore this matter, wait until the Congress changes the law, veto or confirm that new law and then initiate new policies. But, please, I beg of you all, don’t let a nasty little thing like the Constitution concern you.


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on April 6, 2007 at 08:36 am

SCOTUS has absolutely no power to enforce its decisions - NONE!

Technically true, but that’s not the way it works.


The Debate is over!  Global Whining has been confirmed.


The Whistler's signature
The Whistler on April 6, 2007 at 08:41 am

Whistler: Either we are ruled by our National Charter and Laws and by-laws; as detailed within the Declaration of Independence and the United States Constitution; or, we are subject to the whims and tyranny of evil men, and we are left with no way to appeal to the Constitution to make our rights secure. When, we as a people because of laziness or political conveninece or whatever are unwilling and/or unable to demand that the Judiciary, Congress and the Administration abide by the Constitution and only the Constitutuion, as originally written, we will have surrendered our fundamental rights as citizens and we will cease to be a free people.

I mean no disrespect to you, but in light of my passion for our Constitution and Original Intent, I hope you will understand why I found your comments to be an admission of surrender to the way things are and dangerous to our liberty in the extreme.


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on April 6, 2007 at 09:24 am

I hope you will understand why I found your comments to be an admission of surrender to the way things are and dangerous to our liberty in the extreme.

I hope you take my comment as pointing out that our job is ever more daunting because of the SCOTUS abomination.  Dare I say Dred Scott?


The Debate is over!  Global Whining has been confirmed.


The Whistler's signature
The Whistler on April 6, 2007 at 09:26 am

Good news is that this decision was decided 5-4 and the 4 who filed the dissent are Roberts, Alito, Scalia, and Thomas.  Kennedy is now the swing vote.

I agree with Neiman on this.  But he only talks about the three coequal branches of government at the Federal Level, but the 10th Amendment talks about the two other branches of government that are significantly weakened by this decision:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This takes a power that is clearly not a Federal Power delegated in the Constitution and simply by concurrence of five people allows the Federal Supreme Court to grab this power by interpretting their own previous rulings and other Federal Law to weaken the power of individual states (and therefore their voters--you know, the people) to run their states.  We were meant to have Executive, Judicial, and Legislative branches at the Federal Level, but also, we were to have most of the power delegated back to the states, save it bo for national defense, border protection, interstate commerce and state to state issues.

Why even have state governments anymore?

Justin B. on April 6, 2007 at 10:07 am

Justin: I didn’t mean to omit the states and/or the voters. I do believe strongly in states rights and that the best government is local government. Unfortunately, the 14th Amendment is the most abused article added to our Constitution, wherein the Federal Government may impose their will upon the states, and effectively ends any pretense at states rights. It is the imposition of federalism upon this nation and makes the states and all local jursidictions in all things wholly subservient to the Federal Government.

The 14th Amendment was designed to insure certain rights to all citizens and even non-citzens; it was a small change in our Constitution to insure individual rights and it became a freaking super highway through which the Judiciary and Legislative branches drove massive convoys to overthrow the Constitution.


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on April 6, 2007 at 11:06 am
Avatar for jpe

I don’t see the opinion as being something to get worked up over.  It was a pretty procedural ruling on the minutiae of administrative law.  It was a ruling on the contours of Chevron deference, and didn’t touch on whether the EPA is obliged to regulate CO2.

jpe on April 6, 2007 at 06:12 pm

JPE, if what you say is true (and I’m not informed enough to dispute that) this is still plenty of a crack in the law for future decisions to work against the American people.

Much the same as Griswold was used in Roe.


The Debate is over!  Global Whining has been confirmed.


The Whistler's signature
The Whistler on April 6, 2007 at 07:11 pm

That is the point Whistler, this decision was a clear case of judicial activism, legislation from the bench; and, like other decisions of this sort, the Congress will use it to whip the President and force the EPA to get involved in the shaky science of human caused global warming, about which you have some expertise, offer huge financial settlements at taxpayer expense to any state or community suing the EPA, and in other ways force the taxpayer to pay increased costs for goods and services and higher taxes.

I dpon’t want to offend anyone, but when I was aware of JPE on another blog, if I recall him correctly, he is not open to reason!


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on April 6, 2007 at 07:36 pm

Is this the case where the judge cited Al Gore?
I thought I read that some where?


check out Goon’s World

http://ndgoon.blogspot.com/

Goon’s North Dakota Red Neck

http://redneckndgoon.blogspot.com/

goon on April 6, 2007 at 07:58 pm
Avatar for jpe

this decision was a clear case of judicial activism, legislation from the bench

I disagree; the court’s reading of the Clean Air Act seemed right: by the terms of that law, the EPA can’t decline to regulate something just because it doesn’t want to, or because it thinks it would be bad policy to do so. 

It looks to me like you’re reading the decision as a judicial activist might: unconcerned about the law, you focus exclusively on policy.  Your judgment is not that the court diverged from the letter of the law, but that the decision will have negative effects and is bad policy.

jpe on April 7, 2007 at 06:17 am
Avatar for jpe

this is still plenty of a crack in the law for future decisions to work against the American people.

I’m not sure; the decision seems like the Yankees - impressive at first glance, but there’s a lot less there than meets the eye. (go Tribe!)

I could totally be wrong on this, but I see two things coming out of this: a) a lot of annoying global warming stupidly about how the Supreme Court agrees with them; and b) there seems to be an affirmative duty for agencies to create some kind of paper trail showing that they’ve considered taking some urged action and that they’ve declined to do so based on the criteria in the statutes that apply to that agency.

jpe on April 7, 2007 at 06:31 am
Avatar for Andy L

the court’s reading of the Clean Air Act seemed right: by the terms of that law, the EPA can’t decline to regulate something just because it doesn’t want to, or because it thinks it would be bad policy to do so.

Hey, jpe.  You are right on.  Good thought process.

Andy L on May 2, 2007 at 11:30 pm
Avatar for Andy L

The rest of you guys are sounding like anarchists!  Which is OK too.

Andy L on May 2, 2007 at 11:32 pm
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