The Supreme Court has said it requires Congress to speak clearly in the interest of democratic accountability. In the climate decision, Chief Justice Roberts wrote that the people’s elected representatives should make decisions where the consequences are enormous.
“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” he wrote.
But the net effect of that approach was to enhance the Supreme Court’s own authority.
“They’re saying that they’re doing it for democracy purposes, but the fact is that they’re increasing their own power,” Professor Lazarus said.
Were democracy working, Professor Huber said, there would be new federal legislation to address the threat to the planet.
“If we had a Congress that at all reflected what the median American voter wanted,” he said, “we’d have relatively aggressive climate action.”
Exactly. This goes back, once again, to how important the (original) 350 billion reconciliation bill was last year. Despite having both chambers of congress and the executive, nothing has happened on climate change. The reactionary court knows this quite well, and so like the excuse of “sending it back to states,” sending it back to Congress and the “representatives of the people” is a complete joke. Just the same old delay, delay, delay tactics of these corporate shills.
The strategy of delay: Pass it on to state legislatures, because they’re dominated mostly by corporate-stocked conservatives; kick it all back up congress, because you know the house is gerrymandered in favor of conservatives and the Senate disproportionately favors conservatives (plus it’s minority rule anyway thanks to the filibuster). This way it looks like you’re operating on principles and not nihilistic greed, Christian nationalism, and science denial.
So I know we can’t blame only one person, but at the end of the day the actions of one guy from West Virginia, Joe Manchin, has literally been the roadblock to the changes that are needed. Blocked the reconciliation bill, and refused to abolish filibuster. No winning. Where are the people going to THAT guy’s house and protesting? Now’s the time.
Between the Supreme Court, appellate courts, Congress, state legislatures, governorships, think tanks, corporate lobbying groups, and a mass of enthusiastic consumers of Fox News type propaganda — the conservatives have already won.
Turns out the 2020 election only stopped the train from going backwards, delayed the inevitable and, at best, nibbled around the edges of progress. So once again if the voters show up, it’ll have to be because they’re motivated by the horrors inflicted by the party technically not in power. Not an easy feat. And unlikely.
Which means the climate-denying, election fraud-believing, Trump-worshipping, spineless corporate servants take back Congress —and nearly nothing gets done until 2024, when things could go even worse.
All the more reason you take things local.
Reference:
https://www.msn.com/en-us/news/politics/supreme-court-s-e-p-a-ruling-shifts-more-power-away-from-congress/ar-AAZ7iOq