SCOTUS Stopped Biden’s Attempt to Bypass the Constitution


In the last historic ruling to end its current term, the US Supreme Court drastically curbed authorities of the executive agencies which tried to trespass the powers of Congress.

The decision in the West Virginia v. Environmental Protection Agency (EPA) case disallowed the executive agency to make sweeping climate policies without congressional approval. 

Supreme Court Ended Biden’s Big Government Agenda

With the 6-3 ruling, the Supreme Court stopped the executive agencies from exercising the power of legislation, which is exclusively given to Congress in the Constitution.

Chief Justice John Roberts stated the case belonged to the “major questions doctrine,” which means elected representatives need to make the policies of significant implications.

Though Elena Kagan, a liberal justice, made an aggressive dissent, noting the Supreme Court “does not have a clue” about tackling climate change.

It is empowering Congress, instead of the professional technocrats to make climate policies, she said. She was joined by two other liberal justices.

Other agencies will also see their powers curbed with this decision.

The court’s verdict specifically mentions that “neither the EPA nor any other agency” can adopt measures that are “transformational to the economy” without congressional consent.

However, the verdict did not completely disenfranchise the EPA from controlling carbon emissions; it will still be able to introduce incremental measures to tackle climate change.

The End of Progressives Green New Deal

Liberal political commentators and environmental activists cried foul after the ruling.

Richard Lazarus, a Harvard law professor, stated this is essentially the end of Biden’s climate agenda as “dysfunctional” Congress will not allow his EPA to regulate the energy sector. 

According to Lazarus, Biden signaled a “big government” approach to curb greenhouse emissions during his presidential campaign; that approach is bound to fail with the Supreme Court’s verdict.

It is, however, the win for the Constitution and democracy where real power resides with the people.

Conservative commentators suggested this verdict will also force lawmakers to get aware of their official duties, which they have avoided for a long time.

Joe Cunningham, a senior editor at RedState, established the EPA was getting increasingly assertive in making policies. Congress was not acting to reclaim its authority.

However, the SCOTUS verdict tells Congress all legislation must be run by lawmakers, Cunningham continued, so the real purpose of the check and balance doctrine should be established.

Meanwhile, the SCOTUS decision will make US pledges under the Paris Climate Accord void.

When Joe Biden rejoined the accord after assuming the White House, he pledged in front of the global leaders to make significant cuts in carbon emissions by 2030. 

Experts suggest that he will not be able to come even close to his pledges after the verdict, let alone fulfill them.


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