July 3, 2022
THE CONSTITUTION WORKS:
Gridlock in Congress has amplified the power of the Supreme Court (Adam Liptak, 7/02/22, New York Times)
Without "clear congressional authorization," the court said, the Environmental Protection Agency was powerless to aggressively address climate change. In years past, that might have been the start of a dialogue with Congress, which after all has the last word on what statutes mean, because it can always pass new ones.But thanks to legislative gridlock, Congress very seldom responds these days to Supreme Court decisions interpreting its statutes -- and that means the balance of power between the branches has shifted, with the justices ascendant.
The Legislative branch doesn't like to legislate. The Court used its power to tell them they have to. It's almost like we have a governing text.
Posted by Orrin Judd at July 3, 2022 12:00 AM