> "Is unconstitutional" does not mean "would require a constitutional amendment to exist."
It kind of does. Your version would make any interpretation of the law a constitutional question. The plaintiff in a civil case claims they're entitled to damages but the court found their argument unconstitutional because it's Congress and not plaintiffs who make the law?
> That doesn't make the supreme court's decision absolutely fucking rank idiocy based entirely in political goals covered in the thinnest veneer of jurisprudence.
It feels pretty consistent with a "separation of powers" interpretation of how laws get made. Do you really think they come to a different result if it was Trump's EPA saying they had to replace renewables with "reliable" generation methods over whatever pretext? And wouldn't that be the result you want?
> Yes, Gorsuch thinks that Congress can't delegate at all and basically all execute agencies should be destroyed. We know. He'll ride out climate change in a mansion.
They could exist without making laws. Agency drafts a bill, proposes it to Congress, Congress votes on it. It's democratic.
It seems like people have forgotten how to compromise. You want a climate change bill, Republicans don't. Republicans want school vouchers, or to reduce the number of federal employees, or immigration reform, or lower taxes. You give them something they want, you get something you want.
> It kind of does. Your version would make any interpretation of the law a constitutional question.
I don't think that's true. Consider a case that is doing statutory interpretation to resolve a conflict between two federal laws. There is no question about the constitutional authority of Congress or any other body here.
> Do you really think they come to a different result if it was Trump's EPA saying they had to replace renewables with "reliable" generation methods over whatever pretext?
Yes. The Supreme Court is a political body, like any other. Notably, West Virginia v EPA took on a regulation that had already been reversed by the Trump administration.
> It seems like people have forgotten how to compromise. You want a climate change bill, Republicans don't.
And yet, the Clean Air Act exists. Congress could edit it or repeal it if they wanted.
> I don't think that's true. Consider a case that is doing statutory interpretation to resolve a conflict between two federal laws. There is no question about the constitutional authority of Congress or any other body here.
There was no question about the constitutional authority of Congress in the other case. They were interpreting the Clean Air act and concluded it didn't enable the EPA to do this.
> Yes. The Supreme Court is a political body, like any other.
They generally try to avoid political issues and punt them to the elected branches.
> Notably, West Virginia v EPA took on a regulation that had already been reversed by the Trump administration.
'The case was not rendered moot when the Biden administration took over in 2020, as the EPA under the Biden administration stated their inclination to include "outside the fence line" controls, making the case still relevant to the authority the EPA had in interpreting their Congressional charter.' (https://en.wikipedia.org/wiki/West_Virginia_v._EPA)
> And yet, the Clean Air Act exists. Congress could edit it or repeal it if they wanted.
You keep saying "the Clean Air Act exists" but the question is what it authorizes the EPA to do.
They could pretty easily impose costs on fossil fuel generators that make them uncompetitive and thereby cause a switch to other generation methods, but that would raise energy costs for consumers in the meantime, which would be unpopular. So they wanted to do something else, but the something else wasn't a thing the law authorized the EPA to do, so if you want that you need to change the law.
It kind of does. Your version would make any interpretation of the law a constitutional question. The plaintiff in a civil case claims they're entitled to damages but the court found their argument unconstitutional because it's Congress and not plaintiffs who make the law?
> That doesn't make the supreme court's decision absolutely fucking rank idiocy based entirely in political goals covered in the thinnest veneer of jurisprudence.
It feels pretty consistent with a "separation of powers" interpretation of how laws get made. Do you really think they come to a different result if it was Trump's EPA saying they had to replace renewables with "reliable" generation methods over whatever pretext? And wouldn't that be the result you want?
> Yes, Gorsuch thinks that Congress can't delegate at all and basically all execute agencies should be destroyed. We know. He'll ride out climate change in a mansion.
They could exist without making laws. Agency drafts a bill, proposes it to Congress, Congress votes on it. It's democratic.
It seems like people have forgotten how to compromise. You want a climate change bill, Republicans don't. Republicans want school vouchers, or to reduce the number of federal employees, or immigration reform, or lower taxes. You give them something they want, you get something you want.