Re:Supreme Court Narrows the Scope of the Clean Water Act
by specialist on Friday May 26, 2023 @12:54AM
(#36080119)
The Clean Water Act not applying to wetlands is not Alito's dumbest decision. More like tied for first place.
I volunteered for a wetlands conservation group for a decade. Only made possible by Bush 41's efforts to further codify and protect wetlands. https://en.wikipedia.org/wiki/No_net_loss_wetlands_policy
The hubris of Alito et al to judge our best available science, despite having zero expertise, despite decades of policy, despite decades of scientific and methodology advances, is just bonkers.
Oh, sorry, they're just being textualists. A totally real, consistent, and in no way purely fabricated as needed case-by-case legal doctrine.
I can't wait to humor the SCOTUS' anti-textualism tortured rationalism next time they choose originalism, major doctrines, or an entirely new legal fiction to reach their predetermined outcome.
Probably next week.
I think that’s the root of the problem.
This case wasn’t about overturning a law, it was about reining in an unelected federal agency that had interpreted the law in a way that a plain reading doesn’t support.
If Congress had written the Clean Water Act in a way that authorized this position, we’d be having an entirely different conversation.