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THE COMING SUPREME COURT DECISION MORE IMPORTANT THAN ABORTION OR GUNS

co2-plant-food-diagram

It is fascist insanity to claim CO2 is a pollutant

The press has focused on the Dobbs case because the Supreme Court will use it to sweep Roe v. Wade into the dustbin of history. The ruling will bring a lot of emotion from both sides, as 49 years of prayer finally are answered.

Note that SCOTUS’ delay in issuing the verdict is a good sign that the Justices want enough time to get out of DC when they tell the world it’s Adios Roe.

Likewise, NYSRPA II will get a lot of attention because the association likely will succeed in ending New York’s draconian restrictions on carrying a pistol to protect oneself.

But half the states now allow concealed carry without a permit. ‘Tis a right that has been protected by the Constitution since 1791.

The Supreme Court case that matters the most this year is West Virginia v. Environmental Protection Agency.

Republican state Attorney General Patrick Morrisey challenged the EPA’s authority to regulate carbon dioxide, which is a nutrient not a pollutant. The decision will make Poca, West Virginia, the center of the universe for one news cycle because the John Amos Power Plant (named for a local politician, not the actor) serves as a backdrop to the Home of the Poca Dots.

poca-high

The plant runs on coal. Morrisey is protecting the right of West Virginians to mine coal and burn it to make electricity.

The New Republic summed up the case through the lens of the hysterical left. TNR said:

 

“The justices heard oral arguments in March in West Virginia v. Environmental Protection Agency. At issue in that case is a phantasmal back-and-forth battle between the EPA, power plants, and red-state attorneys general over a defunct carbon emission rule drafted two presidencies ago.

 

There are two big questions in the case. First, can the EPA regulate carbon emissions under the Clean Air Act? The Supreme Court appears poised to say no, which could make it all but impossible for the U.S. to meet the international climate change commitments to which it has agreed.” 

 

Wow – doesn’t that sound Ab-Fab, British for Absolutely Fabulous?

TNR continues:

 

“Second, how will the Supreme Court say no if it does? Some of the conservative justices have invoked something called the major-questions doctrine to rule that federal agencies are acting outside of their congressionally authorized mandates, which those justices happen to interpret pretty narrowly these days.

 

If all of that sounds like a boring milestone in the conservatives’ campaign against federal regulatory agencies, then the good news is that it will all matter a lot less if Earth becomes uninhabitable in the next century.”

 

Yeah, right.

I likely will not inhabit the Earth when the new century begins in 2100 but it won’t be due to carbon dioxide. But my heirs and their heirs surely will inhabit the world of tomorrow and all the tomorrows after that.

The question in this case is not the pseudo-science of global cooling/global warming/climate change.

The question is whether Congress gave the EPA the power to regulate carbon dioxide. Given that you cannot have life on Earth without carbon dioxide and water, it would seem like an open and shut case of Hell No.

But even if you ignore the science, the Constitution also says Hell No.

Forget for a moment that the ruling will protect the cheap electricity people get from John Amos. A finding by the Court that agencies do not have the power to run roughshod of the Constitution will force a monumental change in Washington.

Can you imagine? Bureaucrats in federalie agencies across the board will need congressional approval of their rules.

I am not throwing shade on giving abortion laws back to the states or in allowing people to pack pistols for their protection.

It’s just that the biggest threat to our liberty is called the Federal Register. It is jam-packed with about 70,000 pages of utterly unconstitutional new rules and regulations crafted by bureaucrats and lobbyists. The Chamber of Commerce loves regulations because those rules are barriers to competition against Big Business.

WV v. EPA should put a big hole in that bureaucratic-industrial complex. Big enough to drive Mack Truck’s Titan right through it.  And to run right over the Left’s Climate Change Hoax.


 

Don Surber is the author of a number of conservative books. He and his wife live in Poca WV and cheer for the Poca Dots.