GIVE TIL IT HURTS!

Green No Deal

The Supreme Court slaps the Left with another stinging rebuke.

The Party of Chaos is draping its narrow shoulders in black crepe this Fourth of July, putting on funereal airs, which is actually just another cynical act in their remorseless performance of pretending to care about our country, as everything they touch goes to shit, blood, and ruin. Anything not that, they would like you believe, is “right-wing extremism” and “domestic terrorism.” Such as reminding your fellow citizens that there’s an upside to the rule-of-law and free speech, two niceties of the constitution the Party of Chaos is working hard to dispose of.

Understand that this Party of Chaos is insane, and rejoice this holiday weekend that you are not them. Independence, after all, was not just throwing off the yoke of King George III, but of establishing conditions for a people to thrive and pursue happiness without nefarious interference by vicious authorities of a leviathan state. That was something worth fighting for in 1776 and worth fighting for now.

One such battle was decided this week in the US Supreme Court: West Virginia v EPA, about US government agencies under the executive branch usurping legislative and judicial prerogatives — in this case to enforce “Green New Deal” policies on the electric power industry by agency fiat, as if by law. No-can-do, the SCOTUS said in a 6-3 decision. The ruling will tend to quash the growing tyranny of the unelected federal bureaucracy issuing diktats that nobody has voted for, like the Department of Education’s increasingly insane use of the 1972 Title IX [nine] update of the Civil Rights Act of 1964 to jam biological male transsexuals into women’s sports and locker rooms.

Much of this agency mischief has emanated in recent years from whoever is in the White House issuing executive orders to get around a recalcitrant Congress. Barack Obama was especially prolific at it and now the junta behind “Joe Biden” is trying to emulate Mr. O. The upshot is that the Green New Deal is dead because even a Democratic majority Congress is too chicken to vote for measures likely to bring down the electric grid and put an end to mass motoring (though current trends suggest exactly that outcome is in the cards even without government action).

The ruling also tends to foil the World Economic Forum’s effort to re-set Western Civ as a transhuman technocratic “green” nirvana. Rather, the USA and Euroland are on the express track to a Palookaville of grubby, post-industrial, neo-medieval hardship. Try to imagine Mark Zuckerberg’s Metaverse minus reliable electric service. All you’re left with is an ill-dressed schmuck wearing goggles in a dark, empty room. Not to mention the technocrat elite’s wished-for boons of computer-enabled eternal life and never-ending orgasm. Fugettabowdit. Mr. Zuckerberg will be lucky months from now if he can avoid being clamped to a stake and torched by the angered new peasantry he helped to create.

With this decision, Real Americans have scored a total of three (3) major wins over Team Tyranny this session of the Court, of which this last could prove to be the most important. Most of the analysis I’ve seen so far from Righty pundits (I don’t waste my time reading Leftard columnists, seeing as how it’s just going to be a passel of lies anyway; the NeverTrumpTard TruCons™ *gag* I wouldn’t read if you paid me by the hour) insists that the Supremes have essentially defanged the EPA monster with this one, perhaps for good. Near as this non-lawyer can make out so far, it might very well be so.

And that, friends, would be a boon to America and Americans beyond calculation.

No, the EPA is hardly the only government immurement against freedom, true progress, and prosperity the nation must struggle to throw off. But ever since Nixon first looped the EPA noose snugly around American necks, the untrammeled rogue agency has ballooned into one of the most weighty of all our burdens, the agency itself bloating in direct concordance with the expansion of the undue might and scope it asserts. Should this week’s ruling get the long, arduous process of reining in Nixon’s errant creation underway at last, Americans will owe the Trump Court* and the extraordinary President responsible for its creation an enormous debt of gratitude.

* Yes, that’s the correct way to refer to it, the name by which posterity of right ought to know it. That would be no more than fair and just acknowledgement of Trump’s most significant and enduring contribution as POTUS, the thing for which he’ll go down in history…and richly deserves to.

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hhluce

Where the rubber hits the road – “Extraordinary grants of regulatory authority are rarely accomplished through “modest words,” “vague terms,” or “subtle device[s].” Whitman, 531 U. S., at 468. Nor does Congress typically use oblique or elliptical language to empower an agency to make a “radical or fundamental change” to a statutory scheme. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U. S. 218, 229 (1994). Agencies have only those powers given to them by Congress, and “enabling legislation” is generally not an “open book to which the agency [may] add pages and change the plot line.” E. Gellhorn & P. Verkuil, Controlling Chevron-Based Delegations, 20 Cardozo L. Rev. 989, 1011 (1999).
We presume that “Congress intends to make major policy decisions itself, not leave those decisions to agencies.” United States Telecom Assn. v. FCC, 855 F. 3d 381, 419 (CADC 2017) (Kavanaugh, J., dissenting from denial of re-hearing en banc).
Thus, in certain extraordinary cases, both separation of powers principles and a practical understanding of legislative intent make us “reluctant to read into ambiguous statutory text” the delegation claimed to be lurking there. Utility Air, 573 U. S., at 324. To convince us otherwise, something more than a merely plausible textual basis for the agency action is necessary. The agency instead must point to “clear congressional authorization” for the power it claims. Ibid.” https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf at pp18-10

This looks like a major precedent in terms of setting limits on Executive Branch agencies, it could be applied in lots of challenges to other administrative agency rules and regulations…

Last edited 5 months ago by hhluce
Jaybo

IMHO all these court actions are to cause an uprising…any uprising so they can slam martial law in place. Might be a good idea to give them one.

Barry

Trump Court

Has a nice ring to it.

John Wilder

This is a Big Deal. Any laws that were just “made up” by agencies is now going to be void.

SteveF

Now if we can get a procedural rule that all bills must be read aloud on the House or Senate floor by the sponsor, we can put an end to 1200-page bills with endless surprises that the members were not allowed to know about before the vote.

Barry

Well, only if you force all the “elected” assholes to physically be in attendance.

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