Environmental law experts see this draft opinion as a signal that the court is willing to dramatically alter the country’s legal framework.
John — By now, we assume you’ve seen the news dominating headlines: a leaked draft opinion from the Supreme Court has indicated the justices’ intentions to overturn Roe v. Wade. This has drastic implications for abortion access, civil rights, and yes, even the environment.
Environmental law experts see this draft opinion as a signal that the court is willing to dramatically alter the country’s legal framework.
This could have major implications for upcoming decisions on environmental issues. One such decision on the horizon is that of West Virginia v. EPA.
The case came to the justices from the U.S. Court of Appeals for the District of Columbia, which struck down the Trump administration’s so-called Affordable Clean Energy Rule. Despite the fact that the Trump Affordable Clean Energy Rule is now defunct, the Supreme Court agreed to hear the State of West Virginia’s appeal. This sent shockwaves through the court watcher community. Now, the stage is set for this case to determine whether the EPA continues to have the power to regulate greenhouse gases.
With the revelation of this draft opinion on Roe, this ultra-conservative court has shown its hand and its willingness to reshape the legal landscape of this country altogether. A decision on West Virginia limiting the EPA’s power is highly plausible.
John, this is yet another example of how much elections can shape the direction of our courts and why we need strong Democratic majorities to fight back against the destructive actions of the Supreme Court. If Republicans take back Congress in November, things will only get worse.
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