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Thursday, June 30, 2022

West Virginia saved America. You're welcome

POCA, WEST VIRGINIA.

This morning, the Supreme Court handed down its most important decision since Heller. Chief Justice John Roberts writing for his 6-3 majority told the EPA that its powers are not infinite in ruling in favor of West Virginia in its landmark lawsuit against the bureaucracy and the Democrat Party.

Chief justices save the big cases for themselves.

And they also save the big cases for last.

CNN reported, "The Supreme Court curbed the Environmental Protection Agency’s ability to broadly regulate carbon emissions from existing power plants, a major defeat for the Biden administration’s attempts to slash emissions at a moment when scientists are sounding alarms about the accelerating pace of global warming."

Carbon dioxide is a nutrient not a pollutant. Without CO2, life on this planet would end.

Also, there is no scientific evidence that the world is warming. The media takes weather events and turns them into hysteria about a non-existent climate change. Floods! Droughts! Hurricanes! Forest fires! Blizzards! Tornados!

The damage from a bunch of civil servants deciding the fate of a trillion-dollar energy industry is enormous.

But the lawsuit brought by West Virginia Attorney General Patrick Morrisey was based on something far more important than this weather phrenology.

The Constitution.

The ruling made it clear that Morrisey is right. He freed the nation from a nearly omnipotent bureaucracy.

Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, told the ruling "could be cataclysmic for modern administrative law."

I sure hope so because the unelected people inside the DC bubble have no clue of how America operates. They listen to lobbyists who seek favor. The carbon dioxide nonsense led to restrictions on coal, oil and natural gas and billions in subsidies for windmills and the like. Tesla may be the nation's largest company but it got there through welfare payments courtesy of Lord Obama.

The EPA's attempt to treat a nutrient as a pollutant was another power grab by Obama (and now his surrogate Biden) in the EPA effort to shut down industry in America by any means possible.

In his concurrent opinion, Gorsuch wrote, "When Congress seems slow to solve problems, it may be only natural that those in the Executive Branch might seek to take matters into their own hands. But the Constitution does not authorize agencies to use pen-and-phone regulations as substitutes for laws passed by the people’s representatives. In our Republic, 'It is the peculiar province of the legislature to prescribe general rules for the government of society.' [He cited an 1810 ruling.] Because today’s decision helps safeguard that foundational constitutional promise, I am pleased to concur."

Oof.

Take that, Mister Pen and Phone.

In limiting presidential powers, the court did John Marshall proud.

Kagan writing for the liberals said in dissent, "The Court appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy. I cannot think of many things more frightening."

Apply that to abortion.

Gay marriage.

Sodomy.

As readers know, I live in Poca, West Virginia, which sits across the river from the John Amos coal-fired power plant (named for a local politician and not the actor). Do you think for a moment that I would risk my family's health to live here?

The three large cooling towers release steam. Two sets of chimneys release the pollutants. One set no longer is used. It was replaced by the second set, which cost a billion bucks.

The hills are alive with the sound of songbirds. All is well with our green and thickening trees. 

Electricity does not come from the socket in the wall. Electricity comes from large power plants that cannot be replaced by windmills and unicorn farts.

And freedom does not come without determination. When Morrisey filed this case 6 years ago, he had no chance of winning with a Supreme Court that was divided between 4 liberals and 4 conservatives. Kennedy's conservatism was weaker than Roberts. 

And Hillary looked to be the next president who would appoint some crazy person to the court and then replace RGB with some younger crazy person.

But Morrisey fought anyway.

And Donald John Trump somehow won.

And he appointed Gorsuch, Kavanaugh and Barrett. And a Republican Senate confirmed them.

And today Morrisey's faith in America and the Constitution resulted in a win bigger than reversing Roe because reversing Roe did not end abortion. The reversal sent the issue back to the states to decide.

This decision tells the EPA no and puts the entire federal bureaucracy on notice that we're not going to take its bullying anymore. 

I went for a ride with the top down again. Man are those birds loud.

41 comments:

  1. The alphabet soup Franklin Roosevelt created needs to be seriously reined in.

    This is a good start.

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    Replies
    1. We need to rein them all in. Better yet, corral them and cull the old and worthless along with the young and reckless ones.

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    2. Then move what is left out of DC and spread them around the country (NOT the coasts).

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    3. EPA was created by Nixon.

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  2. Another glorious SCOTUS decision. By the way, Kagan's dissent has some choice parts as well, basically saying that Congress is too stupid to make these kind of decisions, so we should leave it up to unelected bureaucrat "experts." Worth reading for an unintended laugh!

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    Replies
    1. Kagan's dissent is more like a decent. I'd say she can go to hell, but then she'd have to assend to get there.

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  3. Wonderful decision and the right decision. Yes and yes. Carbon dioxide is our friend. Without it, there would be no life on Earth. Good column, Don.

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  4. Fine essay Don, when you're right, you're right, -and you usually, far far more often than not, are!

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  5. John Amos coal-fired plant food production facility. FIFY.

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  6. I have said for some time that the Pendleton Act which created a civil service that cannot be fired is unconstitutional as far as the executive branch is concerned. There is one executive in the constitution and the president is it. He has the constitutional power to fire at will, as far as I am concerned.

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  7. More things to scream at the sky for the lefties. Glorious.

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  8. I didn't give this result a chance in hell of happening. Thought the deep state would pressure a bad result. Glad I was wrong.

    Does anyone know if this ruling includes a reversal of the court's earlier ruling designating CO2 as a pollutant? That ruling was one of the court's dumbest decisions ever. A fifth grader knows that isn't true but, with liberals in the room, anything can happen and often does.

    Another question: Is Roberts being shamed by conservative momentum into making some good decisions?

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    1. Randy says: My impression of John Roberts is that he’s always been a spineless squish, without rock-solid principles. He always wants to be on the winning side. So if more justices vote yea, he’ll vote yea. If more justices vote nay, he’ll vote nay. He sees which way the parade is heading and gets out in front of it. Not a good look for a “Chief” Justice.

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  9. Randy says: I hope SCOTUS next takes on the President’s proclivity to spend billions of dollars by acclamation — pallets of cash to Iran, billions for this or that pet project. Constitutionally, only Congress can spend money, so when the President goes to the G7 and declares “we” — meaning the U.S. taxpayers — will subsidize all sorts of liberal interests around the world, Congress can just tell him to go pound sand.

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    Replies
    1. A Congress representing the people would. This bunch? Not. Gonna. Happen.

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  10. It's "whack-a-mole" with these bureaucrats. One gets shot down and another one pops up: https://www.thegatewaypundit.com/2022/06/biden-takes-aim-americas-largest-oil-field-threatening-stop-production-sending-gas-prices-soaring/

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  11. Next we have to put the CDC's quacks in their place.

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  12. “ the ruling "could be cataclysmic for modern administrative law."

    I sure hope so because it is badly needed. Agree with your assessment of its significance 100%. Kagan must have been writing a quote for the MSM as she is 100% wrong. The court did not appoint itself policy maker. It specifically said this authority rests with Congress.

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    Replies
    1. Kagan is the brightest of the dim bulb liberals on the court. 100% is their batting average.

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    2. No take backs, Master of Lard!!!!

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    3. Agree anon. Lardmaster loves Kagen. He's clearly a Jeffrey Rolcon

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    4. Y’all are schlonging me!! No mas. No mas.

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    5. I still luv ya, Alderman.

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  13. AMERICA, Mazel Tov and long life.
    Thanks Don for this most perfect exposition.

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  14. Even as he is polloried by the hacks, poltroons and liars sitting in the Capitol this very day, President Donald John Trump has indeed Made America Great Again by virtue of the three Justices who now make up the Conservative Majority along with Alito and the irreplaceable (and irrepressible!) Thomas.

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  15. Don, When I saw the hoops being played in the picture, I thought it would be most appropriate to see you soaring for a slam dunk, given the nature of this case/decision!! 👍👍👍💪💪💪

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  16. Replies
    1. Unfortunately the same court just blew the border open even wider.

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  17. ATF, you're next you lawless f**ks.

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  18. We’re packing up the family and moving to Poca, we’ll have the top down all the way!

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    Replies
    1. I wanted to ask if you and your wife will have your tops down all the way....but that would be inappropriate!!! Sorry , I'm hertzing right now...

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  19. "The media takes weather events and turns them into hysteria about a non-existent climate change".
    -----------------------------------------
    Seville, Spain, has announced it will begin naming and categorizing heat waves, just like forecasters do for storms.

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  20. “Electricity comes from large power plants that cannot be replaced by windmills and unicorn farts.”

    TRUE DAT!!!

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  21. Don, thank you! For sharing so much hope. For bothering to expend the energy. For keeping those of us with our heads down in the trenches, much better informed than we would otherwise be. Hope to buy you lunch some day when we cruise thru Poca!

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  22. Our first fascist president, FDR, started the ball rolling with the alphabet agencies and their power grabs. If you want to chart the decline of America and the constitution you could start with the racist, anti Semite FDR. Funny how statues are being torn down, great works forbidden, chunks of our history wiped out but this fascist still remains the idol of the democrats. That's because he set this country on its way towards the fascism we have today. It was no accident an amendment had to be passed to prevent a president from occupying the WH for more than two terms because of this fascist. Up until then it was understood there was a limit. But democrats break rules when it suits them. FDR threatened the SC with packing and they caved. The rest is the collapse of the republic and the decades long pretense that everything he did was "constitutional." Tear down a few of his statues and because he was a fascist. Maybe antifa can be counted on to get the job done. Yeah. Right.

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  23. The best part of this ruling is now politicians have to actually do some work and own their decisions. No more back door laws then running to the microphone to blame a bureaucrat that they can campaign on.

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  24. I make more then $12,000 a month online. It’s enough to comfortably replace my old jobs income, especially considering I only work about 11 to 12 hours a week from home. I was amazed how easy it was after I tried it…
    AND GOOD LUCK.:)
    HERE====)> WWW.RICHSALARY.COM

    ReplyDelete