“EPA has offered no reasoned explanation for its refusal to decide whether greenhouse gases cause or contribute to climate change.” By a 5-4 decision, the Supreme Court determines that the Dubya EPA violated the Clean Air Act when it refused to regulate greenhouse gas emissions, thus hopefully setting the stage for an (admittedly unlikely) reevaluation of global warming by the executive branch. “Chief Justice John G. Roberts Jr. wrote one dissent, which was joined by Justices Samuel A. Alito Jr., Antonin Scalia and Clarence Thomas.” Yep, the usual suspects.
Tag: Clarence Thomas
Jose, can you see?
“‘Even if the Court were to rule in Padilla’s favor,’ Kennedy went on, ‘his present custody status would be unaffected. Padilla is scheduled to be tried on criminal charges. Any consideration of what rights he might be able to assert if he were returned to military custody would be hypothetical, and to no effect, at this stage of the proceedings.” By a margin of 6-3 (Ginsburg, Breyer, and Souter dissenting), the Supreme Court punts on Padilla, on the grounds that Padilla’s dilemma has been rendered “hypothetical” now that he’s been transferrred into the normal justice system.
Justice Ginsburg disagrees: “This case…raises a question of profound importance to the Nation. Does the President have authority to imprison indefinitely a United States citizen arrested on United States soil distant from a zone of combat, based on an Executive declaration that the citizen was, at the time of his arrest, an ‘enemy combatant’? It is a question the Court heard, and should have decided, two years ago. Nothing the Government has yet done purports to retract the assertion of Executive power Padilla protests.“
It’s not easy being green.
A defeat for medicinal weed is a victory for federal authority under the Interstate Commerce Clause in today’s 6-3 Supreme Court ruling upholding federal laws against marijuana. Wrote John Paul Stevens in the majority opinion, “[t]he Controlled Substances Act is a valid exercise of federal power, even as applied to the troubling facts of this case.” (The losing side consisted of Justices O’Connor, Rehnquist, and Thomas.) This is a tough one. I think prosecutions of sick people seeking medicinal marijuana to alleviate their daily miseries are grotesquely ill-conceived, but, then again, I’m not for rolling back federal power to pre-Civil War levels, either. And, for what it’s worth, “some lawyers who have followed the controversy closely predicted that the ruling, while disappointing, would not bring sweeping changes, since most marijuana prosecutions are undertaken by state and local officials rather than federal authorities.“
Show us the bodies.
In three separate cases, the Supremes invoke the Magna Carta and the Founding Fathers to call out Dubya for the trampling of civil liberties under his watch. In the words of the Post, “the opinions, concurrences and dissents were decisive on this: They represent a nearly unanimous repudiation of the Bush administration’s sweeping claims to power over those captives.” (Nearly unanimous because Clarence Thomas, he of the “high-tech lynching,” saw no problem with the US government holding prisoners indefinitely without cause or access to courts…perhaps he’s trying to get invited to Cheney’s next hunting trip.) It’d have been nice if the Supremes had gone farther and also decided on the Padilla case rather than kicking it back to a lower court, but still, this is a solid showing by the Bush v. Gore gang. As Salon waggishly put it, let freedom reign.
The Shape of Things to Come?
The Supreme Court votes 7-2 (Scalia and Thomas dissenting, of course) to reject non-profit exemptions from campaign finance laws. While critics of reform are arguing otherwise, I’d think this bodes very well for McCain-Feingold, which will be taken up in the fall.