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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The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.
