An Increasingly Autocratic EPA Encounters a Roadblock

Conservatives who have come to view the Supreme Court led by Chief Justice John Roberts with contempt in recent years had that belief vindicated by a variety of decisions the Court handed down this term. The Court bent over backward and virtually rewrote the statute (again) in order to preserve the Affordable Care Act. It found a constitutional right to same-sex marriage whereas no such right to heterosexual marriage exists in that same document’s ever-evolving penumbra. Though the Supreme Court determined that the use of lethal injection drugs by the state did not violate the constitution, a handful of liberal justices concluded that the practice of capital punishment authorized in the Fifth Amendment suddenly violated the Eighth. In the future, a majority of the nine in black who are apparently so susceptible to societal pressure might soon agree with what is at present a minority opinion. But the Court gave forlorn conservatives at least one reason to smile at the end of this term. In a 5-4 decision in Michigan v. EPA on Monday, the Supreme Court correctly addressed a matter genuinely outside the voters’ control: the rapid expansion of the regulatory state. The Court’s decision in a case involving a pervasive proposed regulation from the Environmental Protection Agency could inaugurate a process of curtailing the power of America’s unelected bureaucracy. 

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An Increasingly Autocratic EPA Encounters a Roadblock

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