Deregulation Of Environment

Supreme Court Could Be Repealing The 20th Century In Challenge To 1984 Chevron Case Decision

Conservative right wing groups are now attempting to repeal the 20th century concept of federal government regulation of the environment, financial markets, public health, and the workplace, in a challenge to the Chevron USA vs National Resources Defense Council case of 1984, decided by a unanimmous 6 member court of Republicans and conservatives.

The decision was written by Associate Justice John Paul Stevens, and agreed with by Chief Justice Warren Burger, and Associate Justices William Brennan, Lewis Powell, Harry Blackmun, and Byron White. All but White were appointed by Republican Presidents. And three Justices did not participate, Sandra Day O’Connor, William Rehnquist, and Thurgood Marshall, with only Marshall appointed by a Democratic President.

So the Court of 1984 had SEVEN Republican appointments, but reasonable Justices, as compared to the present Supreme Court of six Republican appointments.

So the case now being considered is an attempt to wipe out the federal regulatory state–in effect wiping out the Progressive Era of Theodore Roosevelt and Woodrow Wilson; the New Deal of Franklin D. Roosevelt and followup by Harry Truman and John F. Kennedy; the Great Society of Lyndon B. Johnson, and followup by Richard Nixon, Jimmy Carter, and Bill Clinton; and the commitment to further reforms by Barack Obama and Joe Biden! Notice that Richard Nixon is included with this list of Democratic Presidents who promoted federal regulation and reforms, the one Republican, who despite his shortcomings, actually added to federal regulation!

We are at a turning point, where our federal government could be weakened and go back as far as the Gilded Age of the late 19th century by an extremist Supreme Court. This is a constitutional crisis of massive proportions, and puts American democracy at risk!

The Corruption Of The Supreme Court, With Five Appointees By Presidents Who Lost The Popular Vote!

With the likelihood that Amy Coney Barrett will be successfully confirmed to be the replacement of Associate Justice Ruth Bader Ginsberg on the Supreme Court, we are about to have a Court with five appointees by Presidents who lost the national popular vote, but still won the Electoral College.

George W. Bush lost the national popular vote to Vice President Al Gore in 2000 by a 540,000 margin, but was able to select Chief Justice John Roberts and Associate Justice Samuel Alito in 2005 and 2006.

And now Donald Trump, who lost the national popular vote to Hillary Clinton in 2016, by a 2.85 million margin, has been able to select Associate Justices Neil Gorsuch in 2017, Brett Kavanaugh in 2018, and now Amy Comey Barrett in 2020.

And even more infuriating is that three of these five appointees helped the George W. Bush campaign in the Bush V Gore Supreme Court case, assisting him winning the case in a majority Republican selected Court in December 2000–specifically, John Roberts, Brett Kavanaugh, and Amy Comey Barrett!

And the right wing Federalist Society, which has been on a 40 year campaign to make the federal court system move to the extreme right on such issues as health care, abortion, gay marriage, gun rights, so called freedom of religion, deregulation of the economy and the environment, suppression of voting rights and labor rights, has fully succeeded in its campaign to undermine American democracy and a sense of humanity!

So when one complains from the right side of the political spectrum at the “horror” of Democrats “packing the Court” if they were to add seats to the Supreme Court, one has to say the level of hypocrisy is enormous, when that has been the commitment for four decades of the Right in American politics.

And who can say that if the Republicans were to win control of both houses of Congress and the Presidency, that they would not be willing to promote “packing of the Court’, so that they could add two to four more seats to the Supreme Court, and make the Court not just the 6-3 margin it will now be, but possibly 8-3 or 10-3, if two to four seats were to be added!

And one more point: Two of the six member Republican majority have had sexual misconduct hanging over their heads, although it has not affected their tenure on the Court, speaking specifically of Clarence Thomas and Brett Kavanaugh. So the ethical and moral standing of the Court has been damaged irrevocably!

But do the conservatives and the Federalist Society care about this? Not one iota!