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SCOTUS DELIVERS IT'S DECISION ON THE EPA'S REGULATION OF CO2.

"I've got a pen and I've got a phone - and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward."

B. Obama

SCOTUS eviscerates the EPA's delegated authority to regulate CO2.

Roberts wrote the decision, but it was Gorsuch who sharpened his quill and delivered a killing stroke to the Obama-era Imperial Presidency:

"But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives. "

The Roberts decision invokes a 'major decisions' doctrine that suggest that only Congress may make such decisions.

supremecourt.gov/opinions/21pd

From SCOTUSblog:

"The Supreme Court on Thursday truncated the Environmental Protection Agency’s power to regulate greenhouse gases. The ruling may hamper President Joe Biden’s plan to fight climate change and could limit the authority of federal agencies across the executive branch."

scotusblog.com/2022/06/supreme

"Roberts’ full-throated embrace of the major-questions doctrine – a judicially created approach to statutory interpretation in challenges to agency authority – likely will have ripple effects far beyond the EPA. His reasoning applies to any major policymaking effort by federal agencies."

I find it amazing that the destruction of the Obama era pen and phone model of ruling by fiat, the era of unrestrained authority to issue Executive Authority, was ended by Chief Justice Roberts, even if it was Justice Gorsuch who could not resist inserting the 'pend and phone' phraseology into his concurring opinion, just to make it clear who he was hating on.

We see here yet again a return to the rule of law. In this case, we see that 'major decisions' are not to be made by executive fiat or by the Administrative State itself. The authority to make such decisions rests with the representatives of the people who are directly elected by them.

As noted by SCOTUSblog, this decision will reverberate throughout the out of control federal agencies.

There will be an abundance of legislation and litigation that will result from all of this.

But I doubt that this will get unwound before November by a Congress with knife-edge majorities or a President embroiled in scandal and in the terminal decline of dementia.

It will be fore the new Congress, a MAGA Congress, to take action in this new environment of a legislative lead on 'major decisions."

This is a mortal blow to the Administrative State, so long as there is a MAGA will to drive it home and see it have that effect.

MAGA
MEGA

We caught them all.

END

@Andre

Last week nearly 50 years of bad law was over turned. A huge, momentous course correction, which so many have prayed for. Really the foundation of the culture war.

But this Federal Bureaucracy phenom, was a true exercise in incrementalism. The epitome of the Frog in the Water Pot metaphor. 80+ years since FDR and the New Deal. 80+ yrs. since the creation of the tools to take apart the constitution brick by brick.

Who recognized this as a problem today? Hardly anyone.

@Andre

I include myself in that group. I stumbled across it just recently while collecting thoughts about the failings of the Media to provide a check to bad government.

I new of Zero's comment about his Pen and Phone. I saw it as just a glaring example of his incredible arrogance!

But as far as for the process, that is just how business is conducted in Washington. FCC, EPA, FDA, ATF The list goes on an on. How was this flying under the radar?

@Andre

I went to school before the Dept. of Education ruined public schools in this country. I took civics in my senior year. But there was no mention of this abdication of law making power by the Legislative Branch of our Govt.

It has been staring us in the face all this time!!!

I think too many saw this as a good thing! A way to make a the slow moving behemoth of a bloated federal government appear as a fast acting, reacting, force to make things work.

@Andre

But, as the wiki article I stumbled upon says, the Quasi-judicial powers exercised by these agencies are by faceless, unelected bureaucrats that do not ever fear for their jobs.

And as a result, the overreach can't really even be quantified at this point. It is so deeply woven into the fabric of the country... How can the damage be fixed?

Even with this ruling, it has taken so long to address the problem.

@Andre

I liken it to, only now with the car, upside down in the ditch. With the wheels still turning and smoke and steam coming from under the hood (bonnet?), do we now think to "pump the brakes".

How long has it been since Zero uttered those words. This goes back to my original thoughts on how we got here. By design, the government is suppose to be slow and deliberate in monumental decisions.

Making it ripe for rouges to take advantage. And every president (except one 😉 ) has taken it.

@cully45 @Andre

This should be required reading for everybody!!!

Here it is, all in on place!

Clear and Concise, with a touch of Conspiracy and Intrigue.

Hidden in plain sight.

This was Trump's Chain and Plug to Drain the Swamp!!!

Thanks Ann!

@aquanaut642 @Andre
Yes, and you're welcome. Someomne posted it here, can't remember who, an excellent read.

@Andre

I have more thoughts on this but I have to move my base of operations down to the Salt Mine.

I'll try to get the Train of Thought re-railed in a bit.

@Andre

A Good Story:

It goes like this...
When Dwight D. Eisenhower was a Junior Officer in the Army, he was involved with an Army Convoy that moved men and machinery from the Mid-West to the West Coast. The trip took over three weeks to complete, bogged down and mired by the poor condition of the Nation's roads at the time.

Later, as Supreme Commander o European Theater of Operations during WWII, he saw first hand, the advantage and efficiency of the German Autobahn System.

@Andre

With his election as President in 1952, he went about creating a comparable system for the United States.

To that end, in 1956 Eisenhower signed the National Interstate and Defense Highways Act. At the time he signed it into law, it was the largest public works project in the history of the United States. 25 Billion dollars over 10 years to create over 40,000 miles of new, modern road.

The Law was written on only 10 pages.

@Andre

Now it we compare this to what passes for Law Making today - well it just makes us shake our heads.

ACA (Obamacare) 2500 pages!

"We have to pass it to see what's in it"

This is K-Street Lobbyists and DC Lawyers handiwork. "Lawmakers don't make laws - they cash checks"

The SCOTUS ruling proports to return the responsibility back to the place where it belongs. In my view this is going to be an uphill climb.

@aquanaut642

At least the battle is in the correct theatre of operations.

The USA interstate highway system, especially out west, is a delight to play with.

@Andre

This is where things get real hazy.

We have rogue agencies making decisions and rules that clearly are pushing an agenda that is not in the Country's best interest but rather catering to a World Cabal plan to neutralized the US as a world power.

But we also have these same agencies making sure Pilots have enough rest, Weather Radars work, and baby highchairs from China are not killing kids. The agencies have hired educated and trained system experts in their fields.

@Andre

The regulator function of these agencies is required and desired. They have to be able to react quickly to e-coli outbreaks and roll-over accidents caused by poor engineering.

And the real kicker:

Do we really expect a Bartender from the Bronx to understand the issues of corporate greed over environmental stewardship?

Please take no offence GLM1970. Bartenders not Bar Owners 😆

@Andre

Of course this brings up the Idea of Conservation or Environmentalism.

But we can save that for another day.

Today the SCOTUS handed down a ruling that for all practical purposes put this back into the hands of the ones charged with the responsibility in the Constitution.

There are no System Experts there. No Engineers or Biologists. No seasoned accident investigators.

Just loud mouths and Camera Hogs. Connivers! At best Egotistical strategist.

@Andre

And every last one of them on the take!

There is a "House" cleaning that needs to be done if this is ever going to work.

The real check here is that there has to be real consequences for bad decisions or decisions that go against the common good.

Stopping the backroom deals. Stopping the "Trojan Horse" phonebook sized "laws". Make it so that a Pol pays a political AND LEGAL price for betrayal of the country to a foreign government or their off shore bank account.

@Andre

I don't pretend to know any of the ramifications of this SCOTUS ruling. As I said before, it really snuck up on me. This is big, and I fear over too many of the citizens to comprehend fully. I know I am having trouble in that department.

But I can see that this is addressing a problem that has been with us for a very very long time.

There may be more...

But for now

End...

@aquanaut642 @Andre If we get nuking the agencies' powers + overturn elections + new House/Senate majorities, it's really easy to see a lot knocked over in a big wave. The rules are different now.

@shecky2000 @aquanaut642

And for lots of stuff there could be federal guidelines administered by the states.

@Andre @aquanaut642 Good to get rid of as much centralization as possible. General rule, anyway.

@Andre @shecky2000

This is a critical point. Reagan's mantra: Reduce the size of the Federal Government!

Put the power back were it started out from - The States.

Who better to decide what is best for the children in the public schools? Local School Boards with "Stake Holder" input. The ones that benefit most from a Child's good education.

This is how it is fixed folks
Thanks Andre

@aquanaut642 @Andre Seems like once parents understand they'd have "money" to spend at the best school for their kids, it would be unstoppable. Any politician want to come out against parents?

@shecky2000 @Andre

At every level, the problem can be boiled down to one question:

Who do THEY answer to?

The Constitution say who They should be answering to.

But this is not the case. They all now have membership in a club that use to only require them to chase a Vote every other year. But for those who watched the Pulitzer interview with Patriot Patel last night, know that they now have the technology that they don't even need the Vote anymore.

@shecky2000 @Andre

"It's Bacon Wrapped Shrimp from now on! Commoners be Damned, I'm Set for Life"

I know that a lot of people were encouraged by Pulitzer last night but I took a negative view of it.

That presentation was light on solutions. My take away was that there is an Iron Walled Fortress surrounding the E. Fraud. We all are asking a too much if we expect the forces that put all this in place to give up peaceably.

Can't get a conviction if the DA won't call for the Grand Jury

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@aquanaut642

Many of us saw it, but we were prohibited from speaking up about it.

I was banned from many forums for criticizing the overreach. @Andre

@Andre Andre, the left will try and do a Hail Mary of extremes and then devolution May be exposed…my thoughts

@Andre

"Chevron Deference" may be coming to an end.

This will severely curtail the power of the Administrative State.

Which will take power away from them and place it back in the hands of the People.

@Andre
I was watching the SCOTUSblog this morning. Clipping wings and several at a time. Is FJB going to say ignore this ruling as well....

@cully45 @Andre

The is the , which has compromised every major U.S. Government Agency and Department.

This could not happen with a lawfully elected Congress and Legislative oversight.

A Republic highjacked by is not a Republic, it is an
under the controll of the bad actors perpetrating the fraud.

We now know how they cheat.

V 🌴 Chr.✝️⚖️🇺🇲

🛰️
🇺🇲
⚖️

🅰️ 🌋

Ⓜ️ Ⓜ️

@FedCURE @cully45

Correct.

A nation whose government rests on a stolen election cannot proceed into history with legitimacy.

Unless the stolen election is resolved, there is no USA anymore, merely a bureaucracy and a muddle of states.

Trump swore to prevent this, to preserve the Constitution.

Biden is struggling to destroy it, as he should, being a stooge of foreign powers.

Trump knew this was coming.

And he dealt with it.

We just have to endure long enough to get to the other side.

@Andre @cully45

Agreed. And we must do more than endure. We must 🅰️ 🇺🇲 🌋 (Let America Vote Again).

DOX the RINO's and , with e-Mail, their campaigns on socials. Call them out for their crimes and for ignoring the issues.

ℹ️ℹ️ℹ️ —

V 🌴 Chr ✝️⚖️🇺🇲

@Andre

Nice.
That verbiage used by the Justice is enough to send a narcissist rushing for the comfort of the nearest mirror for reassurance.

All this is happening with the current Congressional make up.

Sure they are unrelated but the Supreme Court will feel the sentiment and support come November.

Things will only improve.
More so and more so.

Better times ahead.
We are winning.

@Andre

This decision will of course take time to be implemented and applied in other matters as legislation and litigation unfold and continue. Regardless of the difficulties, this decision is a direct strike on the very mechanism of the permanent bureaucracy. It drains the administrative and regulatory power which they use to, in effect, rule.

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