“I Cannot Think of Many Things More Frightening”: The Supreme Court Has Declared War on Governing

One of Justice Antonin Scalia’s final acts before his death in 2016 was also one of his most breathtaking: joining with four other conservative justices to block implementation of the Clean Power Plan, then president Barack Obama’s ambitious effort to regulate carbon emissions from coal-fired power plants ahead of the Paris climate agreement. That decision was unprecedented not just because the justices didn’t bother to explain their reasoning, but also because the high court had never before stopped a regulation dead in its tracks as legal challenges to it were pending, let alone in an area of federal policy that… Read Full Article