The Supreme Court upended the Biden administration’s attempt to regulate wetlands, lakes, ponds, streams, and other “permanent” waterways this week, which relied on a dubious interpretation of the EPA’s authority permitted by the Clean Water Act.
In a 9-0 ruling, the Court ruled in favor of an Idaho couple that challenged the EPA, overturning a prior ruling that prevented the couple from building a home on their property because it was near wetlands protected by the Clean Water Act.
In response, hysteria ensued, with Biden claiming that the Court has “upended the legal framework used for decades to combat water pollution,” and said he’d use other legal authorities to “protect our nation’s waters.” Meanwhile, Chuck Schumer blasted “MAGA Republicans” for the ordeal.
This MAGA Supreme Court is continuing to erode our country’s environmental laws.— Chuck Schumer (@SenSchumer) May 25, 2023
Make no mistake—this ruling will mean more polluted water, and more destruction of wetlands.
We’ll keep fighting to protect our waters. https://t.co/wlp1LTvZJB
Not only does this mean that Obama appointees such as Sonia Sotamayor and Elena Kagan voted against Biden, it means even the Biden appointed Katanji Brown-Jackson, whose gender still remains a mystery barring input from a biologist, did as well. The court was only split 5-4 in its analysis of how the federal government should define a water source.
While there are unquestionably politically charged issues where a judge’s bias will be present (abortion being the most obvious case of this), unanimous SCOTUS decisions are more common than most people probably think, and historically accounted for a plurality of all rulings in the 21st century, making them more common than 5-4 decisions. As it turns out, most legal issues really just are that cut and dry.Matt Palumbo is the author of Fact-Checking the Fact-Checkers: How the Left Hijacked and Weaponized the Fact-Checking Industry and The Man Behind the Curtain: Inside the Secret Network of George Soros
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