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by lolinder
1455 days ago
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Have you read the decision? I haven't read the whole thing, but it consistently talks about what Congress intended to do. Here's a relevant extract, in which the EPA itself acknowledges that to the extent Congress expressed intent, it went against the EPA's rulemaking: > EPA argued that under the major questions of doctrine, a clear statement was necessary to conclude that Congress intended to delegate authority "of this breadth to regulate a fundamental sector of the economy." It found none. "Indeed," it concluded, given the text and structure of the statute, "Congress has directly spoken to this precise question and precluded" the use of measures such as generation shifting. The problem here is that what most people here wish Congress intended to do isn't what Congress actually intended to do, because they couldn't build the political will to do it. I'm sympathetic to that view, but it's not the Supreme Court's job to fix Congress's deadlock. |
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How does issuing preemptive and overly broad rulings against regulatory action that doesn't exist align with SCOTUS "just doing their job" as many people are asserting?