Yesterday, the Supreme Court, in a 9-0 decision, slapped down President Obama’s Environmental Protection Agency’s arrogant denial of property owners’ right to contest in court the EPA’s administrative abuses. It was a revealing decision — about the Obama administration, more than the court.
In this administration, the 9-0 Supreme Court decisions highlight the degree to which the president’s policies are far outside the mainstream, both legal and political. If you can get Justices Ruth Bader Ginsburg and Antonin Scalia to agree that the government has overstepped its bounds, you know that the administration’s disregard of constitutional and statutory boundaries is as egregious as it is obvious.
Last February, the Supreme Court in a 9-0 decision smacked down the administration for disregarding the ministerial exception and empowering the Equal Employment Opportunity Commission to challenge churches’ and synagogues’ decisions to fire their religious leaders. Not only was this a remarkable disregard for constitutional precedent, but it also was a window into the administration’s arrogant disregard of religious liberty, which played out in the Obamacare mandate on contraception.
Yesterday, we saw the same imperiousness with regard to the EPA. SCOTUS blog’s Lyle Denniston explains: