West Virginia v. EPA ... didn't explicitly overturn Massachusetts v. EPA because the red-state litigants never specifically raised the issue, and the Supreme Court chose to rule as narrowly as possible.Here we go again.
So, here's the problem: While the Trump EPA is now saying that the Obama endangerment finding is illegal under the holding in West Virginia v. EPA (i.e., no congressional authorization), Massachusetts v. EPA remains on the books as good law.
Simply rescinding the Obama decision, as the Trump EPA just did, is technically just a change in policy, not a change in the operative law. In the event that Democrats win the White House in 2028, you can bet they will reinstate the endangerment finding as soon as possible in 2029, citing Massachusetts v. EPA in doing so. [links omitted, bold added]
"There are moments in history when a civilisation must choose its future."We have been told that the State is our protector; that bureaucrats are our saviour, and that politicians know more than the free man. That we must obey, that we must depend."But the truth is different."The world only has two types of people: those who live off what others produce, and those who produce everything that makes modern life possible."The former draft regulations, the latter create wealth. The former promise [to equalise everyone], the latter generate prosperity. The former spread poverty, the latter multiply abundance."The real battle of our time is a cultural one, is a philosophical one, is a moral one."That's why we chose the system that lifted millions out of extreme poverty: free-market capitalism.
"Because you don’t negotiate freedom, you defend freedom."~ Argentine President Javier Milei from his inauguration speech 'Moral Values as State Policy'

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