Truth Before Dishonor

I would rather be right than popular

Supreme Court Spanks The EPA

Posted by John Hitchcock on 2012/03/22


In a ruling that sides with the American people and against the bloated Federal Bureaucracy, the US Supreme Court has declared that Americans do, in fact, have a right to take the EPA to court, contrary to the position the EPA held. That’s right, the US EPA held the position that US citizens did not have the right to court remediation of EPA power-grabs. And the Supreme Court said “not so fast there, bub” or something to that effect. Not only that, but SCOTUS has once again overturned a Ninth Circus Circuit decision. The US Ninth Circus Circuit, based in San Francisco I do believe, is the most overturned Circuit Court in the US. And with good reason: It is the least Constitution-friendly court in the US.

From The Blaze comes the information. The Supreme Court case is called Sackett v EPA What was the EPA’s argument in front of the Supreme Court? It was that “allowing property owners quick access to courts to contest federal orders would compromise the agency’s ability to deal with water pollution via the Clean Water Act.” Did you catch that? The US EPA said allowing people their day in court would prevent the EPA from doing what it wanted to do. And SCOTUS sided with the People and with the Constitution against the bloated bureaucrats of the US EPA.

Justice Scalia wrote the majority opinion. How could this be a majority opinion? Seriously, why wasn’t this a unanimous decision? And why would the Ninth Circus Circuit declare property owners did not have court access to appeal EPA rulings? Oh, wait, I already answered that last question. And what did Justice Ruth Bader Ginsburg have to say? You’ll be shocked when you find out. From the Blaze article:

Justice Ruth Bader Ginsburg said in a separate opinion that the only issue decided by the court was a property owners ability to contest the EPA findings specifically concerning the Clean Water Act.

“On that understanding, I join the court’s opinion,” she said.

Bloated dictatorial EPA power just got deflated a wee bit, and the US Constitution just got upheld, to the chagrin of bureaucrats everywhere.

UPDATE
From The Wall Street Journal, the SCOTUS decision actually was 9-0, adding just a bit more sting to the spanking it gave both the US EPA and the Ninth Circus Circuit Court.

UPDATE 2
Ed Morrissey picked up the ruling on Hot Air and states:

The Obama administration’s argument boils down to the idea that due process and a legitimate appeal process for Americans challenged by agencies is too big a cost for the government, and it shouldn’t have to deal with oversight on its decisions. Needless to say, that kind of argument won’t ever be popular with any court. As I mention in the [The Fiscal Times] column, the court’s unanimous decision had to have come in part from the offensive notion that citizens were being extorted by massive fines to stay out of court at all.

As I pointed out above, the US Ninth Circus Circuit Court ruled in favor of the EPA and against the Sacketts, thus, the clown court out west most definitely viewed the EPA’s argument very favorably.

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One Response to “Supreme Court Spanks The EPA”

  1. […] argument very favorably. ___________________________________ Originally published, with updates, on Truth Before Dishonor Filed under Constitution, Culture and Society, Politics Tagged environmentalism, Law, […]

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