(link is to the Supreme Court’s opinion document)

  • Pagliacci
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    1 year ago

    The major question doctrine acts as a “get-out-of-text-free card” that conservative justices make “magically appear” whenever they see an executive branch policy that goes against their ideological “goals,” Justice Elena Kagan wrote in a dissent in the 2022 case of West Virginia v. EPA.

    Apparently legislating from the bench is fine for Conservatives as long as you make up your own judicial doctrine as justification.

    I don’t know how we fix the problems we face. The court is seated by politicians, Congress is seated by grifters and ideologues, and the people are too defeated/controlled to make meaningful changes.

    • HobbitFoot @thelemmy.club
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      1 year ago

      Yeah. The Supreme Court wrote a lot in regards to the word “modify” without addressing the word “waive”.