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« Daily Tech News 1 July 2022 | Main | Mid-Morning Art Thread »
July 01, 2022

The Morning Report — 7/1/22

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Good morning, kids. The Fourth of July weekend is here and, the "Remain in Mexico" cave notwithstanding (and it's a serious one as you can see in the links), President Trump's reshaped Supreme Court landed another serious body blow to the feral bureaucracy, and next to the IRS, the most dangerous anti-freedom, anti-prosperity tool in the leftist arsenal: the EPA.

Maybe it’s not as big a decision in the public mind as the SCOTUS decisions this term on Abortion and the 2nd Amendment. But it’s a big one, bigly and big league.

The United States Supreme Court, in a majority Opinion by Chief Justice Roberts, just ripped the heart out of the Green New Deal agenda which was being carried forward not by act of Congress, but by administrative fiat through the Environmental Protection Agency. Not being able to pass legislation to decarbonize the economy, Democrats relied on agency action.

The case is West Virginia v. EPA (Docket) where the Questions Presented were:

In 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, did Congress constitutionally authorize the Environmental Protection Agency to issue significant rules including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy-without any limits on what the agency can require so long as it considers cost, nonair impacts, and energy requirements?

That sounds dry, but it’s a big ****ing deal, as Politico noted it goes even beyond regulating carbon emissions and goes to the heart of the ever-expanding administrative state, How SCOTUS’ upcoming climate ruling could defang Washington:

The Supreme Court is expected to issue a ruling this month hobbling the Biden administration’s efforts to rein in greenhouse gases — but its impact could weaken Washington’s power to oversee wide swaths of American life well beyond climate change.

The upcoming decision on the Environmental Protection Agency’s climate oversight offers the conservative justices an opportunity to undermine federal regulations on a host of issues, from drug pricing and financial regulations to net neutrality. Critics of the EPA have clamored for the high court to do just that, by declaring it unlawful for federal agencies to make “major” decisions without clear authorization from Congress.

. . . From the majority Opinion:

Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible “solution to the crisis of the day.” New York v. United States, 505 U. S. 144, 187 (1992). But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body. The judgment of the Court of Appeals for the District of Columbia Circuit is reversed, and the cases are remanded for further proceedings consistent with this opinion.

What a fitting end to the term.

Understatement of the year from friend of the blog and legal eagle William Jacobson. And that majority opinion was from John Roberts. John freakin' Roberts. Go figure. Considering he fairly reeks of Swamp gas, insofar as a career as Chief Justice doing all he can to preserve, protect and defend the absolute power of the DC status quo, it wouldn't have surprised me in the least if he had voted the other way. His assertion that "Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible 'solution to the crisis of the day'" hints at that, but then again, referring to it in quotes as a "crisis of the day" read to me as a slap at the Left.

Recall in 2007 the horrendous SCOTUS decision that declared the EPA can regulate carbon dioxide as an atmospheric pollutant that contributes to "global warming." The chief perpetrator of that was John Paul Stevens, with henchmen Anthony Kennedy, David Souter, Ruth Bader Ginsburg, and Stephen Breyer concurring. Roberts filed the dissent with Scalia, Thomas and Alito concurring. Aside from the fact that manmade global warming/climate change is a complete myth, labeling CO2 as a pollutant is an equally dangerous bromide. Along with oxygen, CO2 is essential for life on earth to exist and therefore is not, never was and never will be a pollutant given the biology of this world, and given the fact that every living thing on this planet is carbon based. That said, virtually every industrial process, every engine and indeed all forms of animal life on this planet emit CO2 to one degree or another. You can well imagine the consequences if it were to be regulated by individuals with the mindset of Scoldilocks Greta Thunberg and worse Gina McCarthy.

The equally crucial issue that the link discusses is the effect this ruling has on the power of the bureaucracy itself. The Politico headline says it all: "How SCOTUS’ upcoming climate ruling could defang Washington." Starting with the 16th Amendment and certainly with FDR's new deal — all the way up to the EPA itself (thanks, Tricky Dick) — the very foundations of American government, wherein political power was supposed to be vested primarily in the citizenry and then the states with certain very limited powers delegated to a federal government, was turned completely upside down. Since that time, and metastasizing like cancer, a giant unelected, unaccountable bureaucracy in Washington issues edicts and regulations that have the force of law behind them. No one voted for that. And yet, you defy a governmental agency in any way, shape or form and you'll wonder what fell on you. Funny, we fought a revolution and won our independence from a tyrannical monarchy on the very same grounds. "No taxation without representation" should ring a bell, unless your main textbook in school was Ibram X. Krement's Jive Kampf crackpot race nuttery.

Dig this line from Roberts: " . . . it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme in Section 111(d). A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body."

Well duh! The legislative branch is where laws are supposed to originate. But Congress gradually abrogated that responsibility long ago because politicians are loathe to actually pass laws that might be damaging to one's political prospects. What better way to both advance the goals of big government statism as well as pass the buck for the ensuing failures and disasters of those goals on bureaucracies that will not only never be abolished but will grow in size, scope and funding with each new budget. Or should I say continuing resolution because the criminal scumbags in DC are too cowardly to even enact one.

Now you understand why owning SCOTUS is so absolutely vital to the anti-American Left. Any law or regulation that they manage to pass, or the bureaucracy advances, like national abortion or Obamacare or declaring CO2 a poisonous pollutant, that would never have a snowball's chance in hell of surviving real legal scrutiny will be declared kosher and Constitutional by hacks in black that are down for the struggle, as it were, to fundamentally transform America. And Politico is right to be shitting itself over what this means beyond the EPA.

All this is well and good except for one thing: America as founded no longer exists, the great rulings from SCOTUS and elections and all the rest of the illusion of regular order notwithstanding. There is no way in hell the Leftists are going to just say "Oh well, the courts and the people have spoken. Maybe we should listen to them or at best try to compromise." Whether its hate shakes, fists and Molotov cocktails from their sanctioned black-clad brownshirt street terrorists, 3:00AM FBI/CNN raids and imprisonment without due process in the Garland Archipelago, a sudden plague of Monkeypox that locks us down and steals the midterms or simple nullification by blue shit hole mayors and governors, these people are not only not going to concede, they are going to quadruple down until we are crushed.

Isn't it funny how for over 100 years, they've done everything they can to eradicate the Constitution and particularly the 9th and 10th Amendments but when things don't go their way, they hide behind both of them as justification to ignore the law?

I am overjoyed at all the huge decisions that came down this week, which you can thank Donald Trump for. But the reality is, as I have stated many times, I cannot see any form of reconciliation, rapprochement or even accommodation with the Left. They are too far gone in their hatred of us and of America as founded for the country to ever come together again as it was. In any case, I am relieved by all great news, despite the fact that as Steve Miller once crooned "you've got to go through hell before you get to Heaven" and we don't really know what constitutes the latter, in political/governmental/societal terms, let alone if we'll get there.

But there will be "fundamental transformation." Perhaps though, it may not be the way the dog-eating stoner degenerate thought it would be.

Have a safe, blessed and happy Fourth of July weekend.

Note: YUUUUGE thanks to all who hit the tip jar. New podcast episode coming late today or early Saturday so BOLO.


NOTE: The opinions expressed in the links may or may not reflect my own. I include them because of their relevance to the discussion of a particular issue.

ALSO: The Morning Report is cross-posted at CutJibNewsletter.com if you want to continue the conversation all day.

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