Justices Limit Power of Federal Agencies, Imperiling an Array of Regulations-New York Times headline

A foundational 1984 Supreme Court decision had required courts to defer to federal agencies. Called the Chevron Decision, its 6-3 repeal means that the court system will make ultimate decisions that the executive branch agencies had made. So you can assume environmental abusers will now look to judges to end contested decisions.

Justice Kagan, one of the three opponents of this action, said verbally to the court majority that they had created “Judicial Hubris” , where the court system will now set policy for federal agencies, not the executive branch

Note: this is what the Constitution says:

Article. II. SECTION. 1 The executive Power shall be vested in a President of the United States of America.

So much for right-wing pretense of constitutionalism

 

While this Congress will not fight this, perhaps some post-election Congress can look at the power to regulate the jurisdiction of this Supreme Court. See Article III, Section 2:

Article. III.

SECTION. 2 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; – to all Cases affecting Ambassadors, other public Ministers and Consuls; – to all Cases of admiralty and maritime Jurisdiction; – to Controversies to which the United States shall be a Party; – to Controversies between two or more States; – [between a State and Citizens of another State;-]* between Citizens of different States, – between Citizens of the same State claiming Lands under Grants of different States, [and between a State, or the Citizens thereof;- and foreign States, Citizens or Subjects.]* In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.