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Tuesday, June 07, 2022

A decision bigger than guns and abortion looms

The press has focused on the Dobbs case because the Supreme Court will use it to sweep Roe v. Wade into the dustbin of history. The ruling will bring a lot of emotion from both sides, as 49 years of prayer finally are answered.

Likewise, New York State Rifle and Pistol Association v. Bruen will get a lot of attention because the association likely will succeed in ending New York's draconian restrictions on carrying a pistol to protect oneself. 

But half the states now allow concealed carry without a permit. 'Tis a right that has been protected by the Constitution since 1791.

The Supreme Court case that matters the most this year is West Virginia v. Environmental Protection Agency.

Republican state Attorney General Patrick Morrisey challenged the EPA's authority to regulate carbon dioxide, which is a nutrient not a pollutant. The decision will make Poca, West Virginia, the center of the universe for one news cycle because the John Amos Power Plant (named for a local politician, not the actor) serves as a backdrop to the Home of the Poca Dots.

The plant runs on coal. Morrisey is protecting the right of West Virginians to mine coal and burn it to make electricity.

The New Republic summed up the case through the lens of the hysterical left.

TNR said, "The justices heard oral arguments in March in West Virginia v. Environmental Protection Agency. At issue in that case is a phantasmal back-and-forth battle between the EPA, power plants, and red-state attorneys general over a defunct carbon emission rule drafted two presidencies ago.

"There are two big questions in the case. First, can the EPA regulate carbon emissions under the Clean Air Act? The Supreme Court appears poised to say no, which could make it all but impossible for the U.S. to meet the international climate change commitments to which it has agreed. 

"Second, how will the Supreme Court say no if it does? Some of the conservative justices have invoked something called the major-questions doctrine to rule that federal agencies are acting outside of their congressionally authorized mandates, which those justices happen to interpret pretty narrowly these days. If all of that sounds like a boring milestone in the conservatives’ campaign against federal regulatory agencies, then the good news is that it will all matter a lot less if Earth becomes uninhabitable in the next century."

Oh good gravy.

I likely will not inhabit the Earth when the new century begins in 2100 but it won't be due to carbon dioxide. It will be due to celebrating my 146th birthday in 2099.

But my heirs and their heirs surely will inhabit the world of tomorrow and all the tomorrows after that.

The question in this case is not the pseudo-science of global cooling/global warming/climate change.

The question is whether Congress gave the EPA the power to regulate carbon dioxide. Given that you cannot have life on Earth without carbon dioxide and water, it would seem like an open and shut case of Hell No.

But even if you ignore the science, the Constitution also says Hell No.

Congress, not the bureaucracy, writes the law.

Forget for a moment that the ruling will protect the cheap electricity Don Surber gets from John Amos. A finding by the Court that agencies do not have the power to run roughshod of the Constitution will force a monumental change in Washington. Agencies will need congressional approval of their rules.

I am not throwing shade on giving abortion laws back to the states or in allowing people to pack pistols for their protection.

It's just that the biggest threat to our liberty is called the Federal Register. It is jam-packed with about 70,000 pages of new rules and regulations crafted by bureaucrats and lobbyists. The Chamber of Commerce loves regulations because those rules are barriers to competition against Big Business.

WV v. EPA should put a big hole in that bureaucratic-industrial complex.

And it should continue to keep my AC set at 75°.  (That's 24° Celsius.)

57 comments:

  1. carbon dioxide, which is a nutrient not a pollutant

    C'mon, Jeffery, tell him how wrong he is.

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    1. Dang special Ed, you can't wait for someone to comment before throwing your straw mane?

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    2. You do realize that it's way past noon JeremyR? Someone probably rattled Eddie's bourbon bottle, woke him, and he instinctively hit "send" to what he had typed up!

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    3. Bourbon? Seriously? I'm betting Cisco Red, Night Train or Thunderbird. What's the word?

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    4. While carbon dioxide isn't a pollutant, it can be a vector for pollution. A classic example is when horizontal Harris opens her clap trap. Same goes for Zou Xiden, Nasty P Lousy, AOC and just about every elected dem in America.
      Stop noise pollution. Tell a donk to STFU.

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    5. Jeremy pulls The Top. Freaking AWESOME.

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    6. This comment has been removed by the author.

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    7. He isn't wrong, carbon dioxide is 100% necessary for plant life to flourish and not a toxin ! That is all just created disinfo spoon fed to the fools for years now so they will believe it. It is called propganda same as a woman has the rght to do as she plases with her biody and abortion is not murder and simply a form of birth contol for weak morons. And the CV schemes were real also and not jut lies and mass murder for reasons by the psychopaths we call government ?

      There never was a pandemic, just lies

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    8. 85% of CO2 is from natural processes. If nature overwhelming supports making it w/ an 85% vote, the other 15% is philosophical gravy. There is no ideal CO2 level. It has varied greatly in the history of the Earth. The climate socialist fascists have been seeding the clouds of hysteria for over 50 decades. None of their schizophrenic predictions have become reality. No reality = no science. Real climate science is still a pre-toddler. Politics-based science is not science. It's manure that's worthless. Unfortunately, 85% of manure is now politics. Yet, manure can be useful. So, pick your manure carefully. If it smells like politics, feels like politics and looks like politics, it's politics. Some "politically connected" people (The F3 = funders, family & friends) will get rich from it but the very vast majority will get nothing but the bill.

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    9. Exceptional!

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  2. Randy says: Let’s hope SCOTUS puts “a big hole in that bureaucratic-industrial complex” and rules widely and pervasively. Lately it seems that the justices have been ruling very narrowly. It won’t help the country at large if they find that exactly one power plant in one state is the sole beneficiary of their ruling because of some razor-thin technicality. They need to rule that federal bureaucracies in general cannot make federal law or “rules” that have the weight of law.

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    1. Ruling narrowly is what they do. It guarantees closely related cases will end up there again and again and again. In other words, the big issues are seldom settled. How decisions in favor of the 2nd Amendment cases will it take to get the point across that guns are a fundamental right? Needless to say, I've got a love/hate relationship with SCOTUS.

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  3. Don, from your keyboard to G-d’s monitor. As a retired lawyer I will be dumbstruck and elated if you’re correct. Such a ruling would overturn more that 3/4ths of a century of regulatory tyranny. SCOTUS is almost never so bold. I pray you’re correct.

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    1. I, too, will be dumbstruck. I assume pressure (threats) from outside on the justices on this case is huge. It seems SCOTUS boldness usually favors tyranny. I cite Roberts' flip on Obamacare as one example.

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  4. Big D, I had no idea about this. Thanks, and BIG kudos to My Main Man Patrick for agreeing to play the role of David in this Old Testament-like fight.

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    1. That’s why I come here. I learn something important I did not know. Let’s see if the soft middle justices man up.

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  5. Our AC is always set at 72 degrees, but to each his own. Brandon can get pumped if he thinks he can force my family to kowtow to his intentional energy shortage consequences. They all know in DC that trump showed the nation we have plenty of stored oil/natural gas right here in USA, but the socialists hate that. GIves us too much freedom.

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    1. And diesel fuel, to rescue our supply chain, can be extracted from coal. The scientist who invented this process won a Nobel Prize in 1931.

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    2. correct NB but that is but a ice berg tip. Coal is a cornucopia of useful chemicals too valuable to burn my Dad often said. Ashland Oil's H coal plant turned 5 R/R cars of coal into crude oil every day some how that was stopped

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  6. "carbon dioxide, which is a nutrient not a pollutant"

    I just went out to my garden and took an impromptu poll.
    All the residents of the garden agree, CO2 IS a nutrient!

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    Replies
    1. I got the same response from the Amazon jungle.

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  7. If W Va wins, watch Biden create, by executive order/out of thin air, a new Cabinet-level department tasked with developing a plan for implementation.

    He will appoint a czar (Hunter?) or czarina (Hillary?) to run the place so he doesn't have to get Senatorial approval.

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    Replies
    1. Not to actually implement, mind you, just to develop the plan.

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  8. We like the 70deg threshold for summer in Texas. The asleep-at-the-switch RINO-dominated Legislature has been lax in building new power plants for all the Blue state termites moving in, so our rates have gone up to $0.10/kwH.....ouch...

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  9. As far as having their power curtailed, we have a preview from the Trump administration. He issued instructions & EO's & they ignored him. They knew better, so they did what they wanted. It is likely that rules they tthink are important will be enforced & if you don't like it, take em to court. Now if they exceed their legal authority, then there can be penalties, & perhaps individuals will not qualify for immunity. If that's so, they can be sued personally.

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  10. The Court follows the news just like the rest of us.
    Ukraine war has put a stake through the heart of AGW.
    Nothing lasts forever, not even Global Warming.

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  11. If it's West Virginia coal used to make West Virginia electricity and no state lines are crossed, does the Federal Government have the authority to regulate it?

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    1. Yes, they bastardized the 'Commerce Clause' years ago with rulings where NOTHING crossed state lines yet the ruled against it.
      We need to LITERALLY find the 10th Amendment and force SCOTUS to follow it!

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    2. Assuming Alito's draft on abortion is what they are actually going to rule, I'd say the 10th Amendment may be alive and well.

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    3. In a Constitutional Republic, probably not. This begs the question though, doesn't it?

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    4. Agreed with your comment Anon, but the problem is state lines are crossed. The Union has been raping W. Va. before its inception.

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    5. According to (really lousy) precedent, yes. Read the ruling in Wickard v. Filburn.

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  12. The Crow tribe has been trying for years to build a Coal Plant on their tribal land. they have access to clean burning, low sulfur coal. but always stopped by the EPA.
    I have a feeling this will monkey wrench the whole works.

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  13. ok... can't resist.... we know that this whole carbon thing is political... but I have a BA in Environmental Studies, and there are 'carbon sinks' in the environment... such as forests and the ocean...these take carbon out of the atmosphere and 'sink' it into trees (forests by photosynthesis) and sediment (oceans from carbonates into sediments and crustaceans) the major contributors to carbon in the atmosphere now are China and India. Natural gas (Methane) is the cleanest fossil fuel to burn... the US went to Natural Gas from Coal because it was cheaper (for a while) The only reason the greenies go after the US and Eu is because they know they can get traction there...the Chinese and Indians are going to tell them to pack sand. There is no climate emergency... it is simply a way to initiate their agenda using useful idiots.

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    1. Say it isn't so! You mean the 'Greens' are Red?

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    2. Hat Tip TO!

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    3. Wow...I'm an anonymous Dick!!!

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    4. I believe a few years ago that a former Greenpeace mucky muck said that we should be worried that the oceans have removed so much carbon from the cycle over millions of years that are pretty much unrecoverable with current technology that global cooling is inevitable.

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  14. Wow! I believe this is some exceptional original thought in today's world.

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  15. Just a shout out to West By God Virgina! The huge defense corporation I work for has a small plant there and one of the pleasures of my career has been working with the team there. I'm not surprised at all to hear common sense coming out of those knobs and hollers!

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  16. "Forget for a moment that the ruling will protect the cheap electricity Don Surber gets from John Amos."

    Our electricity may be cheaper than other states, but I live a mile from Poca and my electric bill has been climbing steadily, and I don't use air conditioning or electric heat.

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  17. Someone please correct me if I am wrong, but aren’t the commitments of the “United States” part of a Presidential agreement Biden reconfirmed after Pres Trump cancelled them? To the best of my knowledge this is not a treaty confirmed by the Senate.

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  18. That is a big case. Could revive Magna Carta in the US. The EPA has moved to essentially create the King's Forests.

    "By the time of the Magna Carta, the Royal Forest is up to something like 20% of the land in England. What this means, essentially, is that if you own land that has been afforested by the crown, you now have to pay for the privilege to use your own land. If you own a bit of fenland that’s no good for anything but pigs, you have to pay pannage even though there’s no other use for it. If you want to heat your hovel in the winter, you’re paying estover for firewood and turbary for turf. If you want to keep a cow and that cow is going to eat grass, that’s agistment. That’s on land you theoretically own, mind.

    "There are instances of entire villages being burned out in advance of afforestation amounting essentially to seizure of land. The law of the forest was enforced somewhat arbitrarily and without due process. You could be blinded or mutilated or killed for poaching a deer. You could be severely fined for just about anything.

    "The Magna Carta and the companion document the Charter of the Forest are a rare example of what happens when you push Monarchic rights too far. "

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  19. Lefties think "Constitution? We don't need no steenking Constitution." What always gets me is the lefties want to live like free-market capitalists but speak like communists on the barricades.

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    1. They sure like to plead the Fifth when it suits them at the same time as wanting to demolish the Constitution.

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  20. Probably the single item most impacting inflation these days is the cost of energy. We need to get everybody demanding that we get back to "Drill, baby, drill!"

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    1. There won't be any drilling increase until after the election. However, the Turtle will probably not push it because low prices would help the Dems get another Dem take credit and get elected. Congress will wait until after the Presidential election to drill baby drill.

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  21. And if things keep going it will be handy for Pennsylvanians like me who are seeing their electricity go up because we're using gas fired plants and the moron has caused the price of fossil fuels to skyrocket. If WV can dig and burn coal then we up here can buy some of the assuredly cheaper electricity thus providing some competition and the lowering of prices. If not such an outright back lash that the green agenda/climate change will be flushed and AOC will have to run for President on some other lame excuse.
    God Save Us if she were to run and win. Ah but that will be no earlier than 2028 which would put me into octo territory and I won't give much of a shit.

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  22. 75 degrees? good gravy set it at 70 man!

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  23. I'm not a lawyer but I do think the SCOTUS has really seen the abuse of power that "rules & regulations" have done during covid. SCOTUS ruled the CDC could not put a moratorium on rent due to landlords. They also ruled the labor department couldn't mandate to vaccines. Anyone with eyes can see how much the lockdowns, mask mandates, and school shutdowns (again, abuse of power using regulatory rather than legislative authority) have hurt this country far more than it helped. Hopefully, they will rule that regulatory agencies canNOT make laws, just guidelines with zero ability to enforce penalties. Just my laymen 2 cents

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  24. CO2 is .04% of the atmosphere, again I say, .04%. It is insignificant to everything EXCEPT plant life, which it is essential for. Any idiot who says it needs to be reduced should be starved to death.

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  25. This is very interesting, and thank you Mr. Surber. Best comment thread ever!! 😂

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  26. There was a Poca Dot graduate at my alma mater (Bethany) during my time there. That name gave us no end of sport, but I'm glad to learn of Poca's deeper place in history. But seriously, 75°? I'd be burning up, move down to 71° like this Buckeye. And please, don't use metric, it just gives thrills to the globalists wanting to homogenize the world.

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  27. Green is the new religion of the ignorant. It's delusional. It's make-believe. It's hysterical with punishment and reward. It requires "faith."

    Sound familiar?

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  28. Those who buy into the "Earth becomes uninhabitable in the next century" fear porn need to read about the Paleocene–Eocene Thermal Maximum (PETM), realize that period had a very diverse ecosystem, take a look at paleoclimatology and understand that the last two data point on the following chart haven't occurred yet and are based purely on extrapolated models and speculation: https://en.wikipedia.org/wiki/File:All_palaeotemps.svg

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