31 Comments
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EvanP's avatar

I find it somewhat curious that this case came to the DC Circuit at all. From Utah?

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Lullybird's avatar

I truly cannot keep up with or sort out the acronyms.

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Scott McKie's avatar

When you check their specific backgrounds -- they all were "mentored" throughout their legal schooling, to which they have abides by the directions of the Heritage Society and Federalist Society -- to the point that, again when you get into the weeds on the thing -- their are specific Heritage sponsored judges area getting specifically worded legal suits.

These suits are then fast tracked to the Supreme Court - where the Supreme Court 6 have demonstrated a definite bias.

The results have been 50 years of Women's Rights taken away, i.e., Roe versus Wade being overturned; earlier - businesses being given the green light to spend money on elections - where this last election was "Bought and Sold"; then Trump being granted complete immunity while in Office -- by Trump's request - because he had been Federally Indicted on four Federal Charges from his first term in Office.

Since Jan 20th., -- Trump has signed less tan w6tTod - to the point that less than I believe less than 10 actual Laws have been past and signed -- but the number of "Executive Orders in 0ver 161 to date / 43 memoranda / and 66 proclamations -- which has never been seen before.

Again -- These are facts.

It is also fact that the Supreme Court 6 have seen fit to "make law" -instead of keeping their Oath of Office to not Make Law -- which a Judge, by legal definition - can not do -- the facts speak otherwise:

This is the case - when there are those in this Country that are "still believing" that they will be impartial.

Finally -- it was just reported that US Marines are arresting people in LA -- and where are the Supreme Court 6.

Facts are facts.

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environMENTAL's avatar

We surmise most judges who make it to the point of nomination or reaching the SCOTUS have been "groomed" or "mentored" by some one or some group with strong beliefs. We don't suspect this is unique to the 6 conservative Justices presently sitting.

Judges issue rulings that become precedents. Liberal or leftist or conservative or "right-wing". But when they do so they are ruling on existing law, not making it per se. They don't make it, but their interpretations modify it, clarify it, etc.

We are not aware any case involving the Marines arresting people in LA has been brought before the Supreme Court, so "where are the Supreme Court 6" isn't really a reasonable question.

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Waspi, Kevin G's avatar

Wonderfully summarized, thank you for the review of this landmark case.

Finally, some common sense may help reign in the nonsense of zealots!

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environMENTAL's avatar

Thanks.

And it'll take more than some common sense. Anti-Logic won't give up easy!

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Scott McKie's avatar

Bret Kavanaugh was brought up through the US legal system / "groomed" by the Heritage Foundation -- which is no where near being a neutral political organization.

He, like the other Supreme Court 6, are all products of that organization.

These are validated / documented facts - not opinion.

There is a truth concerning all human nature -- "...you are what you are taught...".

That is all I wrote -- simple fact - and am not expressing any personal input.

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environMENTAL's avatar

OK, thanks for clarifying.

When quoting U.S. Supreme Court precedent and using that to form his conclusions, not sure how much that "grooming" actually influenced what he wrote. But your point is taken.

This is the way the system is set up (i.e. who gets to nominate judges).

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Gene Nelson, Ph.D.'s avatar

Your analysis gives me optimism regarding NEPA. I can imagine the squeals of those that benefited from the misapplication of this environmental law.

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environMENTAL's avatar

Squeals it shall be.

Then, regrouping and coming at it from a different angle.

That’s what keeps the slew of attorneys spending time creating novel legal arguments for ENGOs. Some of them actually stick.

Some stick for longer than others.

The way they played and timed Mass v. EPA was brilliant (we appreciate a clever argument that won a ruling even as we don’t like the outcome..or what it unleashed).

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Gene Nelson, Ph.D.'s avatar

Those attorneys creating arguments for ENGOs exhibit a form of subsidy-seeking, also labeled as rent-seekers. Intelligent advocates for a rational U.S. energy future including EnvironMENTAL will continue their game of "Whack a Mole."

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Waspi, Kevin G's avatar

"Those attorneys creating arguments for ENGOs exhibit a form of subsidy-seeking, also labeled as rent-seekers." Sir, you are entirely too polite!

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Gene Nelson, Ph.D.'s avatar

Thank you. I agree!

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Scott McKie's avatar

This only works as far as Kavanaugh - if you agree with him and his mindset.

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environMENTAL's avatar

How so?

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Sherry 1's avatar

Wow. Very precise and informative report. Thank you!

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environMENTAL's avatar

Thanks!

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Dana R. Lee's avatar

bravo to SCOTUS and justice Kavanagh. As our appetite for more electricity continues, spurred on by developments in AI, it’s comforting to know that new projects will not be routinely blocked by lower courts.

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environMENTAL's avatar

Oh, they will try despite this. They'll find a different approach.

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HCjim's avatar

An occasion to celebrate!

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environMENTAL's avatar

Indeed!

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Jeff Keener's avatar

Wow. Great deep-dive into the NEPA quagmire.

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environMENTAL's avatar

Thanks!

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William Rickards's avatar

Great analysis, most of the legal stuff went over my head. But reminds me of a saying I heard in college "Softly, softly, catchee monkey"?

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environMENTAL's avatar

That's a new one on us.

Thanks!

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dave walker's avatar

That’s a win! 🥇 thank you!

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environMENTAL's avatar

That dog will definitely hunt!

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Urs Broderick Furrer's avatar

Outstanding news 🇺🇸 and thanks for the great analysis!

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environMENTAL's avatar

Thanks. We like reporting happy news!

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Charles "Pappy" Thomas's avatar

Great news, great write-up, many thanks!

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environMENTAL's avatar

Appreciate the comment!

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