The US Supreme Court spent most of the last few weeks remaking America...
The US Supreme Court spent most of the last few weeks remaking America. But its latest decision will affect the rest of the world.
The court's conservative majority -- which previously stripped a woman's constitutional right to an abortion and loosened gun laws -- on Thursday limited the government's capacity to regulate carbon emissions, in a major blow to the fight against climate change. The ruling, branded a disaster by environmental groups, comes as wildfires, flooding, strengthening storms and parching droughts reveal the catastrophic effects of global warming.
And it underscores yet again that in its narrow reading of a Constitution written in the 18th century, the Supreme Court majority built by ex-President Donald Trump has no plans to adapt its jurisprudence to modern crises. The justices, in a 6-3 opinion on partisan lines, ruled that US law did not permit the government's Environmental Protection Agency to limit greenhouse gases.
"Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible 'solution to the crisis of the day,'" Chief Justice John Roberts wrote in his majority opinion. "But it is not plausible that Congress gave EPA the authority to adopt on its own such a regulatory scheme." The decision does not just curb the Biden administration's capacity to fight global warming; it calls into question the government's ability to regulate anything — unless Congress has specifically authorized the details of how to do it.
In the big picture, in its recent decisions, the high court is taking away the power of the executive branch and handing it to legislators in Washington and in the states. This sounds quite proper in a democracy. Yet the justices (as well as the conservative activists bringing cases) know that with Congress polarized and bound by rules like the Senate filibuster, it will never act on many major questions. That means the urgent business of regulating on issues like carbon emissions will never get done.
Practically, Thursday's decision makes it much harder for Biden to meet his goals of halving greenhouse gas emissions from 2005 levels by 2030 and creating a net zero emissions economy by 2050. That's why his White House called it "devastating."
Biden's massive $500 billion climate plan is stuck in Congress and is unlikely to pass in its full form, if at all. Now his power to act alone has been sharply reduced. This will make it much harder for the US to convince other countries to curb their emissions -- which means more bad news for the planet. |
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It's hard to remember a more miserable time for liberal Supreme Court watchers as the conservative majority flexes its muscles. But they did have something to cheer on Thursday, when Justice Ketanji Brown Jackson was sworn in as the first Black woman on America's highest court. She took the oath from the long-time liberal champion she is replacing -- Justice Stephen Breyer, who officially retired on Thursday. |
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Biden insists America is still back |
Things are really pretty great.
That's Biden's message to Americans and the rest of the world amid a dispiriting period in which all the news seems bad for his administration. In the closing news conference of his trip, the President on Thursday was asked to respond to a new poll showing that 85% of the US public thinks their country is on the wrong track.
"You haven't found one person, one world leader to say America is going backwards," the President insisted. "America is better-positioned to lead the world than we ever have been. We have the strongest economy in the world. Our inflation rates are lower than other nations in the world. The one thing that has been destabilizing is the outrageous behavior of the Supreme Court of United States in overruling not only Roe v. Wade, but essentially challenging the right to privacy," Biden said. "But I have not seen anyone come up to me to (say) anything other than … 'Thank you for America's leadership.'"
Biden said he can understand why Americans are frustrated by high inflation — but said other nations had it worse, and blamed gasoline prices that are still close to record highs on Russia's invasion of Ukraine.
There's not much Biden can do other than talk up the US abroad, and to try to convince voters back home their frustrations will eventually ease. This is not just a domestic concern. Other leaders assess a President's power and prospects by considering how they are doing at home. And despite his protests, the way things are going, Biden's "America is back" mantra looks a little ragged. |
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"The bottom line is ultimately the reason why gas prices are up is because of Russia," Biden said at the same news conference, after being asked how long Americans should pay a premium at the pump as a consequence of the war in Ukraine. "The bottom line is ultimately the reason why gas prices are up is because of Russia, Russia, Russia. The reason the food crisis exists is because of Russia." |
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Thanks for reading. On Friday, Chinese President Xi Jinping attends the inaugural ceremony of Hong Kong's new government. US basketball star Brittney Griner faces a criminal trial in Moscow. On Saturday, London hosts its 2022 Pride parade.
And Sunday is the last day for Russia to withdraw embassy staff from Sofia, Bulgaria.
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