Why YOU Need to care about today's SCOTUS decisions that seem boring.
Project 2025 implemented by the courts
Today the MAGA dominated Supreme Court issued two rulings you may miss as you rage about the EMTALA decision. Here’s the headline that will tell you what you need to know and what you need to tell everyone who will listen. (Apologies for the CAPS in advance).
THE COURT GUTTED THE ABILITY OF THE GOVERNMENT TO MAKE AND ENFORCE THE DETAILS OF THE LAWS CONGRESS PASSES.
Today the court heard a case (Ohio v EPA) which essentially NULLIFIED THE GOOD NEIGHBOR PROVISION. This is the provision that prevents/regulates what a state puts into the atmosphere that could affect another state.
It also ruled that the (SEC v Jaresky) SECURITY AND EXCHANGE COMMISSION CAN’T LEVY PENALTIES IF IT FINDS FRAUD. Here’s the language from SCOTUS BLOG. When the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. I’m pasting today’s Opinionpalooza on genius Dahlia Lithwick’s podcast Amicus which gives a tremendously helpful breakdown of these two cases, since I’m not a lawyer nor do I play one on my podcast.
WHY YOU NEED TO CARE
In the first case the court ruled that essentially the EPA cannot make regulations combatting air pollution.
In the second case the court ruled that the SEC can’t impose penalties (like fines).
WTF? Now, the government can’t protect you from financial fraud without a jury trial, the government can’t make a law saying one state can’t pass their pollution next door.
THIS IS PROJECT 2025 IN ACTION.
What happens when agencies can’t regulate the area they oversee? They lose the power to function. This is how MAGA/Project slips in these steps to autocracy. How many people even thought about these cases? Maybe us because we’re over engaged…but most people are thinking about the immunity case and the debate.
SCOTUS still hasn’t ruled on two cases this session about regulatory power known colloquially as the Chevron case. But between today’s ruling and what is expected on Chevron, MAGA is breaking down the government’s ability to govern.
Quietly and loudly, MAGA SCOTUS (ahem…The Federalist Society and a bevy of billionaires) accrues power and our government starts collapsing from within. This isn’t overstatement. We have to tell our neighbors about the result of these rulings, using simple language, to say the government is losing its ability to protect you.
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And Chevron is overruled, so states can no longer defer to agencies if regulations need clarification. If you haven't read yesterday's post on the two administrative decisions yesterday, you need to do that. This is much worse than Biden's performance last night.
This is astounding. I just don’t understand how they have the power to take government functionality away with impunity.