Bush Should Ignore Court on Auto Emissions
CBS News reports:
The Supreme Court ordered the federal government on Monday to take a fresh look at regulating carbon dioxide emissions from cars, a rebuke to Bush administration policy on global warming.
So what? President Bush should simply ignore the "rebuke." He should just announce after a few weeks that he has taken "a fresh look" and found no compelling reason to change his current policy.
Anyway, I don't know how a 5-4 decision by the Court can be considered a rebuke. It would appear that the Court is divided almost down the middle on the issue.
I have said that no bill before Congress should become law without approval by a two-thirds majority. I also believe that all rulings by the courts (Supreme, District, and Appeals) should be unanimous. If a small number of justices can't reach agreement on an issue, then it should be considered a 'no decision'.
Another argument for unanimous decisions is that the makeup of some courts -- like the present Supreme Court -- essentially gives one justice the power to make most rulings. The Supreme Court often decides along ideological lines. The Court is now made up of four liberals, four conservatives and one moderate. The vote of the moderate 'swing voter', Anthony Kennedy, often determines the decision on major cases before the Court.
In a 5-4 decision, the court said the Clean Air Act gives the Environmental Protection Agency the authority to regulate the emissions of carbon dioxide and other greenhouse gases from cars.
Again, so what? Police have the authority to shoot criminals when threatened by them but they don't always do so. (Yeah, I know. They do sometimes shoot innocent citizens when they aren't threatened by them.) 'Authority' doesn't mean 'obligation.' If the Supreme Court thinks it does, does that mean that the Court will rule in my favor if I sue the federal government to get them to enforce immigration laws? That may turn out to be the best thing about this ruling: It establishes a precedent that can be used to force the government to shut down the flow of illegals into this country.
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