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The Hill: Supreme Court should revisit its 2006 navigable waters decision
Nearly 15 years ago, Chantell and Mike Sackett were trying to avoid financial ruin from Environmental Protection Agency fines and penalties as they were building their family home in Idaho.
The Sacketts’ ordeal is representative of all that has gone wrong with the Clean Water Act’s implementation since the Supreme Court’s fractured 2006 Rapanos v. United States ruling to rein in the agencies’ expansive interpretation of the act’s scope.
Damien Schiff says 15 years of fruitless confusion, conflict, and litigation is enough. By granting the Sacketts’ recently filed cert petition, the Supreme Court can chart a better course for the Clean Water Act and wetlands jurisdiction.
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The government’s favorite argument when it loses in court
The government really doesn’t like losing in court. But instead of accepting a court’s decision, it often argues that losses are limited to the case at hand—a tactic used by the Department of Justice in March, when PLF’s win in Skyworks v. CDC dealt a major blow to CDC’s nationwide pandemic-related eviction ban.
While the CDC eventually waved the white flag on its unlawful rule-making, Luke Wake explains why the fight over the legal effects of court decisions is far from over.
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Stop discriminating in schools and start lifting up the students that need help
In a recent Wall Street Journal column on structural racism, Bill McGurn argues that “if ever there were a structure systemically keeping African-Americans from getting ahead, it would surely be America’s big city public-school systems.”
He’s right, writes Erin Wilcox. But the problem extends much further—from the very worst public schools to some of the very best.
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