Friday, March 20, 2015

Obama Professor Calls EPA Carbon Rules Unconstitutional

Hail EPA! Hail Caesar! When You’ve Lost Larry Tribe…
Mr. Tribe’s testimony — with which other legal scholars strongly disagreed during Tuesday’s hearing — comes about a month before the D.C. Circuit Court of Appeals will hear arguments in a case that challenges EPA’s so-called “Clean Power Plan,” which would limit pollution from both new and existing power plants and is designed to reduce coal use across the country.

“EPA’s proposal raises grave constitutional questions, exceeds EPA’s statutory authority and violates the Clean Air Act,” said Mr. Tribe, who has argued before the Supreme Court dozens of times and represented Al Gore in the case that ultimately decided the 2000 presidential election.

“EPA is attempting an unconstitutional trifecta — usurping the prerogatives of the states, the Congress and the federal courts all at once,” he continued. “Burning the Constitution of the United States … cannot be a part of our national energy policy.”
Lawrence Tribe was one of Barack Obama's teachers of constitutional law back at Hahvahd. Of course, one doesn't always agree with their professors on all details, but it's interesting that a relatively well respected legal scholar has come out with this statement.

Of course, what really matters is what Justice Kennedy thinks.

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