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The Kavanaugh Court may destroy modern civilization. Here’s how.

Source: Wikimedia

There is plenty of drama swirling around the appointment of Brett Kavanaugh as a Supreme Court Justice focusing on sexual assault allegations — and the rush to confirm him without adequate vetting.

One of the most worrisome aspects of his confirmation is that he is extremely pro-business and anti- environmental regulation

So the current right-leaning Supreme Court is now in a position to negate any work a progressive Congress does to address the climate crisis — a move the Washington Post explains will have far-reaching consequences.  These consequences may even become an actual threat to modern civilization.

A recent study seeks to understand what the conservative justices, like Kavanaugh, Gorsuch, and Thomas, are likely to rule on any progressive climate legislation.

The results are grim:

Climate change legislation is unlikely to survive judicial review.

The thought could not be any more devastating since science has repeatedly claimed we only have “twelve years” to fix things if we wish to “avoid planetary climate change catastrophe.”

Wondering how the Supreme Court could have such an effect on the legislation passed by Congress? There are 4 main ways the conservative justices could block the progress of climate legislation:

  • by narrowly construing the discretion government agencies have to interpret statutes.
  • by claiming new regulations are in violation of the takings clause.
  • by putting forth an argument that claims the commerce clause doesn’t allow Congress to intrude on the state’s regulatory authority.
  • by concluding that regulatory standards put on the states are not allowed due to the “anti-commandeering doctrine.”

Some are predicting climate legislation will go the way of the New Deal. FDR had to battle with a conservative Supreme Court which was striking down key parts of his program that were meant to help a country in crisis.

The country is once again in dire crisis, one with considerably more impact than the Great Depression, and a conservative court may, again, stand in its way.

Even if Congress reaches suitable solutions, will Kavanaugh and his conservative counterparts allow them to enact any policies?

More at the Washington Post.

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