State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
The Supreme Court said Monday that it will review Suncor Energy v. County Commissioners of Boulder, a case testing whether state and local governments can sue oil and gas companies over alleged climate-related harms—effectively imposing their policies on the whole country. Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy. Liberal and conservative justices have long agreed to pre-empt states from undermining the federal government’s authority over foreign affairs.
Boulder and other local governments have sought to blame industry for worldwide emissions, the vast bulk of which—nearly 90%, according to the International Energy Agency—originate outside the U.S. The international share of global emissions has been growing for decades, a trend that’s likely to persist as the U.S. continues its transition from coal to less carbon-intensive natural gas and as energy access expands in the developing world.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.
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Originalism and Its Adversaries
At some point, we all end up being in the minority, and when that happens, all those obstacles that seemed horrible when your party was in power will seem the very things that are preventing us from embarking down the road to ruin.
A Warning to Quorum Breakers
If absence goes on long enough, there may be serious consequences—including removal from office.
