The Supreme Court is expected to issue a ruling this month hobbling the Biden administration’s efforts to rein in climate change — but its impact could weaken the executive branch's power to oversee wide swaths of American life
That has implications for other major rules that President Joe Biden’s agencies are writing or defending in court, including wetlands protections, limits on car and truck pollution, insurance coverage for birth control under Obamacare, and even the Trump administration’s attempts to lower drug prices.
“A narrow reading of what the federal agencies can do is going to literally handcuff the federal government from taking action to protect Americans’ health safety and the environment.”Legal experts on both sides of the issue widely expect the court to side with conservatives by saying the Obama-era EPA had gone too far. But the big mystery is whether the court’s majority is prepared to go big — and open the door to a judicial crackdown on the executive branch.
But some groups siding with the red states want the justices to use this case to stake a clear boundary for both regulators and Congress.— grant unelected administrative officials at EPA legislative power to creatively reimagine energy policy for the entire country,” the anti-regulation Americans for Prosperity FoundationThe courts have never precisely defined where the line between legislative and executive power lies.
A federal judge in Florida last year cited the major questions doctrine in striking down the CDC’s Covid-related restrictions on Florida cruises, which he called a “breathtaking” expansion of authority. More recently, a judge’s ruling in April cited the doctrine to strike down a federal travel mask mandate. The Biden administration is appealing that ruling.
Agencies need flexibility to react to new threats, Georgetown’s Gostin argued. That’s why many laws contain open-ended provisions that give agencies some level of authority to act when Congress hasn’t specifically required it.
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