Brett Kavanaugh's Brainchild Is About To Kill The EPA

The radically conservative Supreme Court is at it again. This time they are set to eliminate the EPA's power to regulate greenhouse gasses. There isn't even an existing regulation for the court to rule on but Brett Kavanaugh's brainchild has made it possible for them to take on the case.

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Let's talk about the next case which I also think is terrifying and part of a long-term sort of project to return us to the Lochner era. That is the EPA versus West Virginia. or west Virginia versus EPA. and this is the doctrine at stake here is sort of a cousin to I guess the chevron doctrine on some level. and that is the major question doctrine. and before we even get into that this is also another example of a case that the supreme court does not need to even hear right? because my understanding is this is an Obama-era regulation that never went into effect. The Biden administration is going to propose a new rule. a different one. so there's no case here really? right? There is currently no EPA regulation limiting carbon at coal-fired power plants. and this case is explicitly about the legality of an EPA regulation limiting carbon at power plants. There is no controversy. there is no rule to strike down. there is nothing for the supreme court to do. except to tell the Biden administration don't even try regulating greenhouse gasses. because if you do we will step in immediately and shut you down. The immediate impact of this case will be nothing because like you said there is simply no regulation for the court to even invalidate.