Would the current SCOTUS overrule Massachusetts v. EPA? (user search)
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  Would the current SCOTUS overrule Massachusetts v. EPA? (search mode)
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Author Topic: Would the current SCOTUS overrule Massachusetts v. EPA?  (Read 718 times)
Greedo punched first
ERM64man
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« on: April 30, 2021, 09:55:03 AM »

This article says it’s unlikely to be overruled. Does it get overruled or not? Who would write the majority opinion?
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Greedo punched first
ERM64man
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« Reply #1 on: April 30, 2021, 01:14:07 PM »
« Edited: April 30, 2021, 01:18:40 PM by ERM64man »

They're not exactly the biggest fans of stare decisis, so I could see it happening.
5-4 decision with Roberts dissenting?
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Greedo punched first
ERM64man
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« Reply #2 on: April 30, 2021, 01:18:17 PM »

They're not exactly the biggest fans of stare decisis, so I could see it happening.
5-4 decision with Roberts dissenting?

I don't know, but Roberts does actually believe in stare decis so he would probably dissent. I can imagine Thomas and Alito overturning.

Also, your hatred of Alito is ironic on Atlas. His father drew congressional districts for New Jersey.
Gorsuch writes majority opinion assigned by Thomas? Do Barrett and Kavanaugh support overturning it?
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Greedo punched first
ERM64man
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« Reply #3 on: April 30, 2021, 02:00:18 PM »

They're not exactly the biggest fans of stare decisis, so I could see it happening.
5-4 decision with Roberts dissenting?

I don't know, but Roberts does actually believe in stare decis so he would probably dissent. I can imagine Thomas and Alito overturning.

Also, your hatred of Alito is ironic on Atlas. His father drew congressional districts for New Jersey.
Gorsuch writes majority opinion assigned by Thomas? Do Barrett and Kavanaugh support overturning it?

How do Gorsuch's views on Chevron affect this?
He’s hostile to the regulatory state.
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Greedo punched first
ERM64man
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« Reply #4 on: April 30, 2021, 03:09:43 PM »
« Edited: April 30, 2021, 03:28:42 PM by ERM64man »

You wouldn't get a decision like Mass. v. EPA today but Roberts signaled in UARG that he accepted it — only Thomas joined Alito's concurrence stating the case was wrongly decided. You might see a case (like UARG) further limiting it.
Are Gorsuch, Kavanaugh, and Barrett votes to overrule Mass. v. EPA?
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Greedo punched first
ERM64man
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« Reply #5 on: April 30, 2021, 03:29:51 PM »

I do not believe it is wise to assume Kavanaugh would vote separately from Roberts.
You know that Kavanaugh has frequently voted separately from Roberts this term.
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Greedo punched first
ERM64man
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« Reply #6 on: April 30, 2021, 03:40:51 PM »

I do not believe it is wise to assume Kavanaugh would vote separately from Roberts.
You know that Kavanaugh has frequently voted separately from Roberts this term.
You and I have very different definitions of frequently.
Kavanaugh and Roberts have voted separately three times this term. Already more times than Roberts dissented last term.
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Greedo punched first
ERM64man
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Posts: 12,821


« Reply #7 on: April 30, 2021, 04:08:42 PM »

I do not believe it is wise to assume Kavanaugh would vote separately from Roberts.
You know that Kavanaugh has frequently voted separately from Roberts this term.
You and I have very different definitions of frequently.
Kavanaugh and Roberts have voted separately three times this term. Already more times than Roberts dissented last term.

What kind of benchmark is that? We all know Roberts likes being in the majority and last term he had nearly unlimited ability to ensure that.
He obviously doesn’t have that ability anymore.
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