Saturday, July 13, 2024

The Supreme Court’s Contempt for Facts Is a Betrayal of Justice | Scientific American

 When the Supreme Court's Ohio v. EPA decision blocked Environmental Protection Agency limits on Midwestern states polluting their downwind neighbors, a sad but telling coda came in Justice Neil Gorsuch's opinion. In five instances, it confused nitrogen oxide, a pollutant that contributes to ozone formation, with nitrous oxide, better known as laughing gas. 

You can't make this stuff up. This repeated mistake in the 5-4 decision exemplifies a high court not just indifferent to facts but contemptuous of them... 

Climate change, in particular, seems to draw out the Court's taste for fiction. The 2022 West Virginia v. EPA decision that halted efforts to limit greenhouse gas emissions from coal power plants, another 6-3 opinion, saw the majority enshrine a "major questions" doctrine. This legal theology, conjured from the penumbras and emanations of past antiregulatory decisions, insists that sizable regulations require patently-impossible-to-acquire congressional authorization. This is a "power grab" by the Court, anointing itself the economy's czar…

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