Kagan Turns Conservative Justices’ Recent Love Affair With History Against Them In EPA Case

Justice Elena Kagan, in a sly section of a searing dissent, uses historical antecedents to prove that Congress has always delegated broad power to agencies. 


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1422284
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Activist judges gonna legislate from the bench, I guess.

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Almost Frist

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Brava Justice Kagan!

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And when a Republican becomes president, the rights of agencies will suddenly reappear via the same Justices

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They are all liars on the conservative side of the bench.
Why beat up agencies like EPA? What have the goobers on the court got against clean air, water and such? Do the revel in trying to breathe shitty air?

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I have a sense that “Roberts Era” will not be a positive term in the future. As in “Oh Jesus, Mildred, this isn’t the Roberts Era!”

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Without electing democrats it looks more and more like we are doomed. There seem to be no rational folk on the right.

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It’s obvious that they were making it up as they went along. They have an agenda to enact and they’ll find the justification wherever it is.

There isn’t really any logic to the decisions now. This is what we want so this is the ruling here’s a collection of stuff that might support it if taken out of context and squinted at real hard.

Is it Supreme Court of Extreme Court?

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Because that is what Koch and all the other fossil fuel oligarchs are paying them to do. The “conservative” majority is made up of political hacks with extremist religious beliefs and more than one personality disorder.

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There are no “polite” descriptors for this court.

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It’s divinely appointed so it must be so. What will they do if Chesus doesn’t win though, oh sorry they’ll have to step in to support the presumed winner.

Thomas Era. Roberts is the actual cypher he played at his confirmation.

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Keep in mind that the EPA was a Nixon baby. Tricky Dick would be considered a fulminating hard core socialist by the MAGASCOTUS. He had his flaws God knows, but he believed in governing and in harnessing the power of government.

If he were alive and running against DeSantis, I’d have to vote for the Trickster.

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Corrupt to the core.

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Damn RINO, Greitens would clearly have him in is sights.

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And I’m worried about many on the left. In short, this is a new geological age, the “Moronocene.”

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Don’t forget liars/perjurers.

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“The current Court is textualist only when being so suits it,” she writes. “When that method would frustrate broader goals, special canons like the ‘major questions doctrine’ magically appear as get out-of-text-free cards.”

Can we start calling them Cafeteria Constitutionalists? They pick and choose which parts of the Constitution or historical precedent they will follow based on whim.

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Scarcity = $$$

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