SCROTUS' "nutty" EPA rule

[deminks]

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Kagan rightly points out the majority's bizarre move to take up a case based on a rule a) that is not in effect b) that won't be put into effect: "This Court could not wait—even to see what the new rule says—to constrain EPA’s efforts to address climate change," she seethes

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Wait but here's the thing: THERE'S NOTHING TO ENFORCE BECAUSE THE POLICY ISN'T EVEN IN PLACE! That's part of what makes this so nutty. (Not to mention they've already hit the targets of the old policy)

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Kagan, dissenting: “The Court appoints itself—instead of Congress or the expert agency—the decision- maker on climate policy. I cannot think of many things more frightening.”

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In some neat symmetry (Gorsuch's mom tried to gut the EPA as its administrator under Reagan in the early 80s), Gorsuch takes a victory lap concurrence, writing an ode to the major questions/nondelegation doctrines. "I am pleased to concur," he smugly concludes