Michael H. Levin, managing member of the Michael H. Levin Law Group and a principal in NLGC and Solar Shield. Courtesy photo The Supreme Court Strikes Down Common Sense
After three months, the murky implications of "West Virginia" begin to unfold.
October 05, 2022 at 10:00 AM
8 minute read
Commentary
In a flight of judicial activism historically decried by conservatives, the Supreme Court's conservative majority reached out on the last day of its 2021 term to decide a rule that was not before it, sidestepped the reasoning of the court below, and "stripped the [Environmental Protection Agency] of the power Congress gave it to respond to 'the most pressing environmental challenge of our time'" (West Virginia v. EPA, 597 U.S. __ (June 30, 2022) (dissent)).
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