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.
Supreme Court showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.
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Trump’s Tariff Tantrum
Trump leaps from the frying pan into the fire in the aftermath of Learning Resources v. Trump.
The Administrative State’s Sludge
Congress has delegated so much power across so many statutes that it’s hard to find a question of any public importance to which some agency cannot point to policymaking authority.
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