Supreme Court Limits E.P.A.’s Authority on Emissions, Striking Blow to Biden Administration's Climate Change Agenda

Well good.

At WSJ, "Supreme Court Puts Brakes on EPA in Far-Reaching Decision":

High court says agency overstepped its authority in restricting greenhouse gas emissions in a ruling with ramifications for other regulators.

WASHINGTON—The Supreme Court ruled Thursday that federal regulators exceeded their authority in seeking to limit emissions from coal plants in a decision that sharply curtails the executive branch’s authority to make policy actions on a range of issues without congressional direction.

In a blockbuster 6-3 decision penned by Chief Justice John Roberts, the court said the Environmental Protection Agency had overstepped when it devised the Obama-era regulatory scheme, known as the Clean Power Plan. The plan had been challenged by West Virginia and others.

The court said that when federal agencies issue regulations with sweeping economic and political consequences—in this case, rules to address climate change—the regulations are presumptively invalid unless Congress has specifically authorized the action.

“A decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body,” the chief justice wrote, faulting the EPA for finding new powers in “the vague language of a long-extant, but rarely used, statute.”

Beyond the EPA, the decision is likely to rein in President Biden’s ability to use other departments and regulators such as the Treasury Department, the Securities and Exchange Commission and the Federal Energy Regulatory Commission to address climate change, one of his signature policy initiatives.

Mr. Biden called the court’s ruling “a devastating decision that aims to take our country backwards.”

“I have directed my legal team to work with the Department of Justice and affected agencies to review this decision carefully and find ways that we can, under federal law, continue protecting Americans from harmful pollution, including pollution that causes climate change,” Mr. Biden said.

The principle articulated by the court, known as the “major questions doctrine,” was mentioned in earlier cases but is being recognized more explicitly now, said Gautam Hans, a law professor at Vanderbilt University.

“The court has now really explicitly relied on this doctrine to limit the EPA’s authority, and other regulatory agencies are going to be more cautious now that they have to navigate this,” Mr. Hans said.

With Congress often mired in gridlock, Mr. Biden and his Democratic predecessors have used regulation instead of legislation to advance their policy agendas, Mr. Hans said...

In the case decided Thursday, West Virginia led a coalition of Republican-leaning states and coal producers that asked the Supreme Court to weigh in and clarify the limits of the EPA’s authority.

For half a century, the Clean Air Act has directed the EPA to regulate stationary sources of air pollution that endanger “public health or welfare.” The Obama-era Clean Power Plan, which never went into effect because it was blocked by the Supreme Court in an earlier case, extended that regulatory reach beyond the physical premises of a power plant to allow off-site methods to mitigate pollution.

The Trump administration in 2019 implemented a replacement rule that was more friendly to the coal industry. But in January 2021, on the last day of Mr. Trump’s presidency, a federal appeals court in the District of Columbia struck down the replacement rule, providing the Biden administration with a clean slate to work from in devising its own carbon-emissions rules.

Justice Elena Kagan said in a dissent on Thursday that the Obama-era EPA had exercised broad authority given to it by Congress, and that the Supreme Court keeps thwarting the agency’s lawful efforts to address a climate crisis.

 

Fifty-One Illegal Aliens Found Dead Inside Abandoned Trailer-Truck in San Antonio (VIDEO)

Let's remind folks that these poor souls aren't just "migrants." They're illegal aliens under U.S. law. There's no excuse for their deaths. Our border should be secure. 

Earlier this month Missouri Senator Roy Blunt spoke on the floor of the Senate slamming the Biden administration's border policies, noting that, "During President Biden's time in office, the Department of Homeland Security has encountered illegal immigrants crossing our border more than 2.8 million times. In not quite a year-and-a-half, 2.8 million people were encountered crossing the border."

That's the background for the horrible and tragic deaths of 51 illegal migrants at the outskirts of San Antonio yesterday. 

At the Texas Tribune, "51 people, including five kids, are dead in San Antonio after being trapped in a truck in sweltering heat: Of the 16 migrants found alive in the trailer on the city’s southwest side, five have since died":

San Antonio officials said Tuesday that the number of migrants who have died after being trapped in a tractor-trailer on Monday has reached 51 after another migrant died at a local hospital. Forty-six migrants were declared dead at the scene, and five of the 16 migrants found alive in the sweltering trailer have since died after being taken to hospitals.

Local officials said that 39 of the victims were men and 12 were women. The immigrants are believed to be from Mexico, Honduras and Guatemala. Bexar County Commissioner Rebeca Clay-Flores said 34 of the victims have been identified. She did not reveal any other information about the victims during a Tuesday press conference in San Antonio.

News4SanAntonio reported Tuesday that five children are among the dead. A man from Guatemala has confirmed the death of his two daughters, Griselda and Carla, whose ages were not disclosed...

Migrant deaths near the border are common as people attempt to cross forbidding terrain without adequate water. Before Monday, the worst smuggling-related mass fatality in recent Texas history was in 2003, when 19 people died after being trapped in an unrefrigerated dairy truck for hundreds of miles.

President Joe Biden called the incident "horrifying and heartbreaking" on Tuesday and blamed "smugglers or human traffickers who have no regard for the lives they endanger and exploit to make a profit.

"This incident underscores the need to go after the multi-billion dollar criminal smuggling industry preying on migrants and leading to far too many innocent deaths," Biden said in a written statement. He also highlighted what he called "a first-of-its kind anti-smuggling campaign with our regional partners" that he announced earlier this month. Biden said the effort has resulted in more than 2,400 arrests in its first three months "and that work will only intensify in the months ahead."

Biden decried "political grandstanding around tragedy" a day after Texas Gov. Greg Abbott blamed the deaths on what he called the president's "deadly open border policies.”

[Bexar County Commissioner Rebeca] Clay-Flores also slammed Abbott for politicizing the tragedy.

"While bodies were still being removed, and others being taken to local hospitals, he chose to be heartless and point the finger. Shame on our governor," she said. "His words were also a complete contradiction to state that this tragedy was due to open border policies. If there was such a policy as open borders, we wouldn't have had over 50 human lives trying to enter this country the way they did. We wouldn't be mourning the deaths of so many people who were simply seeking a better life."

At his daily press conference Tuesday, Mexican President Andrés Manuel López Obrador expressed condolences to the families of those who died and said his government will be investigating the deaths of 22 Mexican citizens and helping their families return their bodies home.

“This is bitter proof that we must continue to insist on supporting people so that they do not have to leave their villages to look for a life on the other side of the border,” López Obrador said...

Still more.

 

Keisha

Books and babes. I can go for that.

On Twitter.

Batya Ungar-Sargon Interview With Megyn Kelly (VIDEO)

They're talking about the decision in Dobbs v. Jackson. Batya rattling off all the polling data on abortion rights is compelling.

WATCH:

Ace Has Questions

Following-up, "Did President Trump Really Grab the Steering Wheel?"

At AoSHQ, "In Explosive Testimony at the January Sixth Committee, a Twenty-Five Year Old Chippie [Tramp; Prostitute] Says She Heard From Her Friends That 'The Walls Are Closing In'."

Did President Trump Really Grab the Steering Wheel?

Following-up, "Cassidy Hutchinson's Explosive Testimony Before the January 6th Select Committee (VIDEO)."

A lot of skepticism on Twitter.

From Jack Posobiec: 

Democrats' Abortion Views Are Far Too Radical to Benefit From the Post-Roe Political Reality

From Mollie Hemingway, at the Federalist, "At a time Democrats desperately need to seem normal, they are saddled with one of the least defensible policy positions in American life":

As soon as the Supreme Court issued its ruling finally overturning the Roe v. Wade abortion decision that had so roiled the nation for nearly 50 years, Democrats and their allies who control corporate media began asserting it would be a political boon for their party.

“Democrats see abortion as a big base motivator and a potential winning issue with independents,” claimed Politico.

Democrats could certainly use some help. The party controls all of Washington, D.C. Voters have indicated they’re prepared to deliver large Republican gains in November in response to a series of Democrat policy failures leading to a looming recession, labor problems, supply chain disruptions, high gas prices, rising crime, another foreign war without a strategy for victory, and a completely out of control border.

But there are several problems for Democrats hoping to stem the losses, including that the general Democrat position of abortion on demand until the moment of birth is far too radical to gain politically in most areas of the country. Even CBS polling found that only 17 percent of Americans agree with such an extreme stance.

The Dobbs v. Jackson Women’s Health Organization decision, despite the media disinformation, simply returns abortion law to the states, enabling citizens and their elected representatives to debate and set abortion laws and policies. Roe had falsely decreed that a right to abortion was in the Constitution, and therefore beyond public debate, a view the court flatly and finally rejected last week.

Abortion is a hotly debated topic, and neither those who oppose or support it are likely to be fully happy about public opinion. Most Americans strongly oppose abortion on demand through all nine months of pregnancy, but most Americans also support some allowances for abortion at earlier stages in pregnancy. In May, a Gallup poll found that 63 percent of Americans support making abortion illegal or legal only in certain circumstances.

Mixed Bag Politically

While the decision may help Democrats hold onto a few suburban seats Republicans had hoped to wrestle back from the party in power, it is unlikely to help them in battleground states and districts where Republicans are experiencing dramatic gains...

Sure, abortion rights supporters are extremely passionate about the issue, but if you check the polls, Ms. Mollie's right: Bread-and-butter kitchen table issues dominate the list of most important problems facing the country. Inflation by itself will drag down Democratic numbers. They've already lost at least a million voters who've recently switched to the GOP, and along the border, Hispanic voters are abandoning Democrats faster than a racehorse under the whip.

We're a little more than 5 months out from the November midterms. Roe or no, the Dems are in big trouble.

Still more.

Biden Lied to Country About Business Dealings With Hunter

From Katie Pavlich, at Townhall, "More Proof Biden Lied to the Country About His Business Dealings with Hunter":

On the campaign trail and throughout his tenure in the White House, President Joe Biden has repeatedly told the American people he "never" spoke to his son, Hunter Biden, about his shady foreign business dealings.

Former White House Press Secretary Jen Psaki repeated this claim during a number of briefings.

But a newly unearthed phone call from Biden to his son reveals he did in fact discuss the foreign deals and helped coach Hunter through media fallout.

The recording comes after reports revealed Hunter's business partners visited the White House a number of times when Biden was vice president.

"Hunter Biden's closest business partner made at least 19 visits to the White House and other official locations between 2009 and 2015, including a sitdown with then-Vice President Joe Biden in the West Wing," the New York Post reported in April. "Visitor logs from the White House of former President Barack Obama reviewed by The Post cast further doubt over Joe Biden’s claims that he knew nothing of his son's dealings."

Click through for the videos.

Cassidy Hutchinson's Explosive Testimony Before the January 6th Select Committee (VIDEO)

I watched. This was extraordinary testimony, and brave.

At the New York Times, "A White House aide testified that Trump ordered security lifted on Jan. 6 though the crowd was heavily armed."

And more:

Hutchinson provided many bombshells. The shocking description of Trump wrestling the Secret Service for control of his car on Jan. 6 so he could go to the Capitol. Portraying Meadows, her former boss, as a man who abdicated responsibility to the nation and hoped to be pardoned. And saying Trump knew that his supporters had dangerous weapons when he asked them to march on Congress.

Cheney ended the hearing on a solemn note, saying that democracy is preserved by people “who know the fundamental difference between right and wrong.” People of high rank and power have refused to talk about that distinction with the committee, but Hutchinson, a low-ranking official, didn't shy from it today.

Lots more at Memeorandum.

Mary Ziegler, Abortion and the Law in America

See, at Amazon, Mary Ziegler, Abortion and the Law in America.

Biden Administration Guts Due-Process Rights for College Students

From Emily Yoffe, at Bari Weiss's Substack, "Biden's Sex Police":

The White Houses's new regulations will gut due-process rights for college students accused of sexual misconduct.

Joe Biden has fulfilled one of the first promises he made upon becoming president. His administration has just announced a comprehensive set of regulations—701 pages worth—that will gut due-process rights for college students accused of sexual misconduct.

Apparently, Biden learned nothing from going through his own sexual assault accusation crucible.

During his vice presidency, Joe Biden was the Obama administration’s point man for a major domestic initiative: ending sexual assault on campus. There is no question bad, sometimes criminal, sexual behavior occurs on campus. Eliminating it is a worthy, if elusive, goal. But the Obama-Biden mandate expanded the definition of sexual misconduct so broadly that jokes, flirting, or “any unwelcome conduct of a sexual nature,” could be punishable offenses.

The Obama administration set out to change campus culture, and it did. But in doing so, it undermined women, demonized men, and diverted vast resources away from education. Under rules promulgated by Betsy DeVos, Secretary of Education under Trump, many of these policies were rolled back. The Biden administration now plans to restore much of this.

Male college students (the accusers were almost always female, the accused male) were subjected to quasi-criminal proceedings on campus in which many were never told explicitly what they had done wrong and were unable to mount a defense. An adverse finding could end an education and foreclose many career possibilities.

Biden traveled the country, describing campuses as places where male classmates put young women in relentless danger (“This is a toxin on college campuses”), and where indifferent campus officials disparaged the women willing to report assault. But Biden's portrait was at odds with the way the majority of such cases unfold—often beginning as consensual encounters, then later ending up in dispute, frequently due in part to alcohol, miscommunication, and hurt feelings.

In numerous college speeches, Biden declared alarming, inflammatory, and dubious statistics on the frequency of campus assault. Biden advocated that all sexual encounters on campus be governed by “affirmative consent.” This means that each touch, each time, even between established partners, requires explicit—preferably verbal, preferably enthusiastic—agreement. Affirmative consent was adopted widely on campuses, and became a law governing student behavior in California, Connecticut, and New York.

Then Donald Trump was elected president, and Betsy DeVos, decided to reform what the Obama administration had done. In one of the most uncharacteristic acts of that chaotic presidency, DeVos went through the lengthy and burdensome process of writing actual regulations (the Obama administration had only issued “guidance”). The rules she released were, on balance, careful and thorough, providing necessary protections for the rights of both accuser and accused. I spent several years reporting on what was unfolding on campuses, and I wrote at the time that the DeVos regulations were an example of an immoral administration doing the moral thing. (See, for example, here and here.)

The DeVos rules went into effect in August of 2020, in the midst of campus covid shutdowns, so they have hardly had a chance to be tested. Now they will be struck. They will be replaced by some of the most pernicious procedures of the Obama era. (These dueling Department of Education regulations come under the aegis of Title IX, the fifty-year old federal law that prohibits sex discrimination in education.)

The new rules recommend a return to a “single investigator” model that was barred under the DeVos reform. This means one administrator can act as detective, prosecutor, judge, and jury on a Title IX complaint. The new rules also undo many of the procedural protections for the accused—including the right to see all the evidence, inculpatory and exculpatory, gathered against him. “It’s an evisceration of the procedural protections given to the accused,” says historian KC Johnson, co-author of The Campus Rape Frenzy: The Attack on Due Process at America’s Universities.

Under the DeVos rules, adjudication of a formal complaint required a live hearing be held that included cross examination. The Biden administration lifts this obligation. The Biden rules also call for a return to investigations initiated by third parties, even if based on rumors or misunderstandings, in which male students can be subjected to Title IX proceedings over the objection of their female partners. (Robby Soave at Reason has a good summary of the Biden proposals.)

“It’s a document that validates all of the concerns we had about due process and free speech being on the chopping block,” says Joe Cohn, legislative and policy director at The Foundation for Individual Rights and Expression. He adds that the administration is giving schools the blessing of the Department of Education “to cut many corners that are essential for fundamental fairness.”

As vice president, Biden made clear that campuses were just the first stop in an effort to remake throughout society how males and females interact...

Keep reading.

America Is More Fragile Than the Left Understands

From Victor Davis Hanson, at American Greatness, "Like a stunned adolescent whose reckless incompetence totaled the family car, the Left seems shocked that America proved so fragile after all":

The Left has been tempting fate since January 2021—applying its nihilist medicine to America on the premise that such a rich patient can ride out any toxic shock.

Our elites assume that all our nation’s past violent protests, all its would-be revolutions, all its cultural upheavals, all its institutionalized lawlessness were predicated on one central truth—America’s central core is so strong, so rich, and so resilient that it can withstand almost any assault.

So, we can afford 120 days in 2020 of mass rioting, $2 billion in damage, some 35 killed, and 1,500 police injured.

We can easily survive an Afghanistan, and our utter and complete military humiliation. There was no problem in abandoning some $70-80 billion in military loot to terrorists. Who cares that we tossed off a billion-dollar new embassy, and jettisoned a $300-million refitted air base, as long as our pride flags were waving in Kabul?

Certainly, we can afford to restructure all our universities, eliminate free expression and speech, and institute Maoist cultural revolutionary fervor in our revered institutions of higher learning—once the world’s greatest levers of scientific advancement and technological progress.

We can jettison merit in every endeavor, from banning the world’s great books to grading math tests to running chemistry experiments. And still, a resilient America won’t notice.

We assumed that our foundational documents—the Declaration of Independence and the Constitution—our natural bounty in North America, our cherished rule of law, our legal immigration traditions that drew in the most audacious and hardworking on the planet, and our guarantees of personal freedom and liberty led to such staggering wealth and affluence that nothing much that this mediocre generation could do would ever endanger our resilience.

But such inheritances are not written in stone. America, as the world’s only successful multiracial democratic republic, was always fragile. It was and is always one generation away from disappearing—should any cohort become so foolish as to mock its past, dismantle its institutions, revert to tribalism, redistribute rather than create wealth, and consume rather than invest.

We are that generation. And we have an accounting with nature’s limitations, given there is always a corrective, not a nice one, but remediation nonetheless for every excess.

Our major cities are no longer safe. Somehow, the Left has nearly wrecked San Francisco in less than a decade. A once beautiful and vibrant city is lawless, dirty, toxic, often boarded up, and losing population. It has turned into a medieval keep of well-protected knights in secure fiefs while everyone else is engaged in a bellum omnium contra omnes.

But such inheritances are not written in stone. America, as the world’s only successful multiracial democratic republic, was always fragile. It was and is always one generation away from disappearing—should any cohort become so foolish as to mock its past, dismantle its institutions, revert to tribalism, redistribute rather than create wealth, and consume rather than invest.

We are that generation. And we have an accounting with nature’s limitations, given there is always a corrective, not a nice one, but remediation nonetheless for every excess.

Our major cities are no longer safe. Somehow, the Left has nearly wrecked San Francisco in less than a decade. A once beautiful and vibrant city is lawless, dirty, toxic, often boarded up, and losing population. It has turned into a medieval keep of well-protected knights in secure fiefs while everyone else is engaged in a bellum omnium contra omnes.

We know it is so because California public officials talk of anything and everything—Roe v. Wade, transitions to electric cars, hundreds of millions of dollars in COVID-19 relief for illegal aliens—to mask their utter impotence to address feces in the street, the random assaults on the vulnerable, and the inability to park a car and return to it intact.

Ditto the Dodge City downtowns of Chicago, Los Angeles, New York, Seattle, Baltimore, Washington, and a host of others. In just four or five years, they have given up on fully funding the police, aggressive prosecutors indicting the violent, and ubiquitous civil servants ensuring the streets are free of trash, vermin, flotsam, jetsam, and human excrement.

There are natural reactions to such excess. The most terrifying is that our once-great cities, especially their downtowns, will simply shrink into something like ghost towns—our versions of an out-West Bodie, or an abandoned Roman city in the sand like Leptis Magna, or a Chernobyl.

But the culprit will not be a played-out mine, or encroaching desert, or a nuclear meltdown, but the progressive leadership of a worn-out, bankrupt people who no longer possess the confidence to keep their urban civilization safe and viable. And so, they either fled, or joined the mob, or locked themselves up in fortified citadels, both in fear to go out and terrified of losing what they owned...

Still more.

 

Liz Wheeler Discusses Supreme Court Decision in Dobbs v. Jackson (VIDEO)

Here's Ms. Liz's emergency stream after the Court overruled Roe on Friday. She's positively giddy and takes the time to read the key quotes from the ruling, relishing every word and ridiculing sourpuss Nancy Pelosi almost a dozen times in the process. 

Good stuff.

WATCH:

The Leak, the Threats, the Violence — Reaction to Roe Is Dark Day for U.S.

From Glenn Reynolds, at the New York Post:

The Supreme Court’s decision in Dobbs v. Jackson is a victory for the rule of law.

I’m not talking so much about the opinion itself. I’m talking about the Supreme Court majority’s demonstration that it will do what it thinks is right despite unprecedented pressure from the media, from Democrats in Congress, from “activist” groups and even from angry mobs and attempted assassins who show up at their homes.

This is a big deal. When, as reported by Jan Crawford, a coordinated bullying campaign flipped Chief Justice John Roberts’ position in NFIB v. Sebelius, the ObamaCare case from 2012, many observers, especially on the right, lost faith in the court’s independence. And the perception that the court could be bullied, naturally, was a guarantee that people would try bullying it again.

And they did, in spades. Activist groups sent mobs to protest at the homes of justices expected to vote to overturn Roe, even though that sort of pressure on federal judges is a crime. (Unsurprisingly, Attorney General Merrick Garland’s Department of Justice appears to have done nothing.) In an unprecedented breach of confidentiality, an insider at the court — we still don’t know who, for some reason — leaked a draft opinion that became a rallying point for Democrats and the left.

Extremist rhetoric — of the sort that’s called “hate” when it comes from the right and “passion for justice” when it comes from the left — raised the temperature to the point where a would-be assassin actually showed up at Justice Brett Kavanaugh’s house with a Glock, two magazines and pepper spray. He’s now awaiting trial. Sen. Chuck Schumer (D-NY) even threatened Kavanaugh and other conservative justices that they would “pay the price” for overturning Roe.

This deadly threat to a sitting Supreme Court justice drew an extremely muted reaction from pundits and Democratic politicians, though an politically motivated assassination to change a judicial opinion would be enormously destabilizing and destructive. On social media, people were openly wishing for the deaths of conservative justices. But the same people who decried the Jan, 6 protests — where only an unarmed protester was the victim of deadly violence — seemed unfazed by this.

Now leftists are promising a “Night of Rage” in response to Roe being overturned...

 

Alica Schmidt

Very beautiful track and field athlete. German, on Instagram.

President Trump's Lasting Legacy After the Supreme Court's Ruling in Dobbs v. Jackson

Something I noted last Friday on Twitter. If this is the most consequential Supreme Court ruling in 100 years, then doesn't that mean Donald Trump's the most consequential president as well?

At the Los Angeles Times, "News Analysis: Trump’s lasting legacy grows as Supreme Court overturns Roe":

WASHINGTON — President Biden rarely mentions his predecessor by name. But as he spoke to a nation processing a seismic shift in the rights of women, he couldn’t ignore Donald Trump’s legacy. “It was three justices named by one president — Donald Trump — who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country,” Biden said Friday after the Supreme Court’s conservative majority voted to overturn Roe vs. Wade, the landmark ruling from 1973 that provided constitutional protections for women seeking abortions.

The abortion decision marked the apex in a week that reinforced the former president’s ongoing impact in Washington more than a year and a half after he exited the White House.

A court that includes three Trump-appointed conservatives also decided to weaken restrictions on gun ownership. And across the street at the Capitol, which was ravaged by a mob of Trump supporters in the final days of his presidency in 2021, new details surfaced of his gross violations of democratic norms. The House’s Jan. 6 committee used a public hearing last week to spotlight the intense pressure that Trump put on top Justice Department officials to overturn the 2020 election, along with discussions of blanket pardons for cooperative members of Congress.

The developments were a reminder of the awkward political bargain social conservatives embraced to achieve their grandest ambitions. In refusing to consider Barack Obama’s Supreme Court nominee during the final year of his presidency, then-Senate Majority Leader Mitch McConnell (R-Ky.) ensured that the next president would be able to make his mark on the court. As Trump pledged to transform the Supreme Court’s ideological leanings — even providing a list of the judges he would choose from — reluctant conservative Republicans and evangelical Christians rallied behind Trump, a thrice-married man who had previously described himself as “very pro-choice.”

“When he ran in 2016, he promised that he would appoint conservative and pro-life judges to the federal courts starting with the U.S. Supreme Court. And he kept his word,” said Ralph Reed, an evangelical leader and chair of the the Faith and Freedom Coalition, who was criticized in some corners for his embrace of Trump. “Those in the faith community that felt it was worth taking a chance on Donald Trump in 2016 have been vindicated.”

The GOP is now at something of a turning point in its relationship with a man who has fundamentally transformed the party with his populist, “Make America Great Again” agenda and his fight against the establishment Republicans who used to control the party. There’s a growing debate within the party about whether Trump’s resonance is beginning to fade as lays the groundwork for a third presidential run in 2024.

Other leading Republicans, including former Vice President Mike Pence, and Trump’s former secretary of State, Michael R. Pompeo, are taking increasingly bold steps toward White House bids of their own. And many of Trump’s own supporters are eagerly embracing Florida Gov. Ron DeSantis as Trump’s natural successor as they look to the future.

Pence, Pompeo and DeSantis are among those who have made clear that a Trump candidacy would not influence their own decisions about whether to run. If they do run, they will all be competing for support from the same conservatives who fueled Trump’s rise.

Trump himself seems somewhat uncertain about how to navigate the political fallout from the past week, particularly the abortion ruling. He has privately expressed concern to aides that the decision could energize Democrats going into the November elections, the New York Times first reported.

Indeed, in a Fox News interview after the abortion opinion was released, Trump said that, “in the end, this is something that will work out for everybody.”

Asked about his own role in the eventual decision, Trump responded that, “God made the decision.”

Trump grew more emboldened as Friday unfolded, raising money off the court ruling and issuing a statement in which he took full credit for what he called “the biggest WIN for LIFE in a generation.”

He said that it and “other decisions that have been announced recently, were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court. It was my great honor to do so!”

At a Saturday night rally, Trump took another victory lap to cheers from the crowd...

The Conservative Legal Push to Overturn Roe v. Wade Was 50 Years in the Making

 At the Wall Street Journal, "An increasingly influential movement questioned the view of constitutional rights underpinning the decision":

WASHINGTON—The overruling of Roe v. Wade was 50 years in the making—the culmination of a conservative judicial movement that rejected the interpretation of constitutional rights underpinning that 1973 Supreme Court decision.

It took far longer than many conservatives expected.

The majority opinion in Dobbs v. Jackson Women’s Health Organization, first disclosed in draft version by an extraordinary leak in May, declared that Roe and later abortion-rights precedents have no basis in the Constitution. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” Justice Samuel Alito wrote for the court, joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Even as a young lawyer, Justice Alito had looked for ways to push back on the reasoning behind Roe going back to the 1980s, when he worked in the Reagan Justice Department. In a May 1985 memo, he sketched out opportunities “to advance the goals of bringing about the eventual overruling of Roe v. Wade.”

Former Attorney General Edwin Meese III championed the conservative jurisprudence during the Reagan years and promoted the young lawyers—Justice Alito among them—who would rise to influence through successive Republican administrations.

“It really has been a matter of pretty clear record for a long time that [Roe] was wrong,” he said.

Because the Constitution doesn’t expressly grant women a right to end a pregnancy, many conservatives, like Mr. Meese, have said the court erred by construing a right to privacy that allows for abortion at least in the earlier stages of gestation. That originalist legal view overlapped with the convictions of a broader set of people who opposed abortion on what they considered moral grounds as the taking of a life.

Friday’s liberal dissenters pointed to a different constitutional tradition, one that has seen rights expand since the country’s beginnings. The framers “understood that the world changes. So they did not define rights by reference to the specific practices” of their time but “defined rights in general terms, to permit future evolution in their scope and meaning,” Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan wrote in a joint opinion.

For the antiabortion movement that has helped power Republican political success—including the 2016 election of Donald Trump, who as president appointed three justices who were in the Dobbs majority—the end of Roe was long a key goal. With states now free to regulate the procedure, most abortions likely will be outlawed or at least curbed in about half the states.

But for the conservative legal movement, “this was not a matter of deciding whether abortion is a good idea or a bad idea,” said Mr. Meese, now 90 years old. “It’s a matter of the Constitution.”

Counterrevolution

That Roe would stoke a legal counterrevolution leading to its own undoing was far from evident in January 1973, when by a 7-2 vote the Supreme Court recognized a woman’s right to terminate a pregnancy before fetal viability, or the capacity to live outside the womb. The decision invalidated dozens of state laws banning or restricting abortion, many dating from the 19th century.

The decision followed a line of cases that had steadily removed the government from regulation of family life and sexual practices. In the Roe opinion, Justice Harry Blackmun cited a series of earlier decisions. It began in the 19th century, he wrote, when the court rejected Union Pacific’s demand that a female passenger, who was suing the railroad for negligence after an upper berth fell on her, submit to a surgical examination.

“No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person,” the court said in 1891, a year after Louis Brandeis, a future justice, co-wrote a seminal article in the Harvard Law Review, “The Right to Privacy.”

Justice William O. Douglas had invoked that legal tradition in Griswold v. Connecticut, a 1965 decision striking down an 1879 state law banning contraception. The “marriage relation” involves “a right of privacy older than the Bill of Rights, older than our political parties, older than our school system,” he wrote.

Justice Hugo Black was among those who disagreed. “I like my privacy as well as the next one,” he wrote in his Griswold dissent, “but I am nevertheless compelled to admit that government has a right to invade it unless prohibited by some specific constitutional provision.” The lack of such a named provision has been underlying judicial opposition to Roe v. Wade ever since.

In a passage that Justice Antonin Scalia later called “garbage,” Justice Douglas wrote that “specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”

In that context Justice Blackmun wrote in his 1973 Roe decision that the right of privacy was not only grounded in the Constitution, but also “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”

That right wasn’t absolute, he added, and “at some point in pregnancy” government may “assert important interests” that include “protecting potential life.” Following a 1972 lower court decision invalidating Connecticut’s abortion ban, Roe drew the line at viability, generally seen as between 22 and 24 weeks.

While even some conservative commentators praised the decision, the legal substance of the ruling came under some criticism—including from some liberal-leaning scholars who supported a woman’s right to an abortion. Like Justice William Rehnquist, who dissented from Roe, Yale professor John Hart Ely likened the decision to the 1905 case of Lochner v. New York, which struck down a state law limiting working hours for bakers with the argument that it violated a different unenumerated right the court found implicit in the Constitution: the “liberty of contract.”

That precedent, which jeopardized a swath of state laws over workers’ safety and fair treatment, had been effectively abandoned by a series of decisions over the ensuing half-century. “Roe may turn out to be the more dangerous precedent,” Ely wrote, adding: “I suppose there is nothing to prevent one from using the word ‘privacy’ to mean the freedom to live one’s life without governmental interference. But the Court obviously does not so use the term. Nor could it, for such a right is at stake in every case.”

In response to Roe, abortion opponents initially focused on amending the Constitution. Rep. Larry Hogan Sr. (R., Md.), the father of Maryland’s current governor, proposed within days of the Supreme Court’s opinion an amendment extending due-process and equal-protection rights to “any human being, from the moment of conception”—effectively equating abortion with murder. When such proposals died in Congress, activists turned to the states. By 1981, more than a dozen legislatures, including Massachusetts and Mississippi, had passed resolutions calling for a constitutional convention to consider a human-life amendment. The movement stalled short of the 38 necessary states.

Remaking the judiciary became a central strategy for reversing Roe when Ronald Reagan became president in 1981, amid a broader effort to move federal courts against what Mr. Meese called the “radical egalitarianism and expansive civil libertarianism” the justices had embraced in the 1950s and ’60s. In that era, the court under Chief Justice Earl Warren took steps to abolish racial segregation, end government censorship, extend voting rights and increase protections for criminal defendants, as well as rulings like Griswold that defined a broader concept of privacy and individual rights.

Conservatives argued that in those decisions the justices sometimes overstepped their authority to remake society as they pleased...

Supreme Court Upholds High School Football Coach's Free Exercise of Religion: Prayers After Games Ruled Constitutional

Another big day at the Supreme Court.

At the Los Angeles Times, "Supreme Court rules for coach whose prayers on field raised church-state questions":

WASHINGTON — The Supreme Court ruled Monday for a former high school football coach whose prayers at the 50-yard line drew crowds and controversy, declaring his public prayers were protected as free speech.

The 6-3 decision is a symbolic victory for those who seek a larger role for prayers and religion in public schools.

The court stressed that Coach Joe Kennedy’s prayers began as private and personal expression and were not official acts of promoting religion at school.

Writing for the majority, Justice Neil M. Gorsuch said, “Both the Free Exercise and Free Speech Clauses of the 1st Amendment protect expressions like Mr. Kennedy’s. Nor does a proper understanding of the Amendment’s Establishment Clause require the government to single out private religious speech for special disfavor. The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike.”

The court’s three liberals dissented.

“This case is about whether a public school must permit a school official to kneel, bow his head, and say a prayer at the center of a school event. The Constitution does not authorize, let alone require, public schools to embrace this conduct,” said Justice Sonia Sotomayor.

Since 1962, “this court consistently has recognized that school officials leading prayer is constitutionally impermissible. Official-led prayer strikes at the core of our constitutional protections for the religious liberty of students and their parents, as embodied in both the Establishment Clause and the Free Exercise Clause of the 1st Amendment,” Sotomayor said.

What began with the coach kneeling by himself on the 50-yard line became a highly publicized event in 2015 that drew a crowd of players and spectators onto the field at the end of games.

Kennedy was an assistant coach on a yearly contract at the Bremerton High School in Washington when he began to pray at the end of games. School officials warned him against continuing the prayers because they had become a public event. They said his prayers at schools could be seen as violating the Constitution’s ban on an “establishment of religion.”

Kennedy said he would “fight” the decision and took his case to the local media. He was suspended when he refused to follow the district’s guidance, and he was not rehired for the next year.

With the help of the Texas-based First Liberty Institute, he filed a suit against the school district contesting his dismissal.

The 1st Amendment protects the freedom of speech and the free exercise of religion while prohibiting an “establishment of religion,” and all three clauses were at the issue in the case of Kennedy vs. Bremerton School District.

The high court said the key issue was whether the coach’s prayer was private and personal, or whether instead he was speaking as a public employee at school.

“It seems clear to us that Mr. Kennedy has demonstrated that his speech was private speech, not government speech,” Gorsuch wrote. “When Mr. Kennedy uttered the three prayers that resulted in his suspension, he was not engaged in speech ordinarily within the scope of his duties as a coach. He did not speak pursuant to government policy. He was not seeking to convey a government-created message. Simply put: Mr. Kennedy’s prayers did not “ow[e their] existence” to Mr. Kennedy’s responsibilities as a public employee.”

In the past, the court had ruled that government employees are not as protected as whistleblowers if they speak or reveal confidential matters that were part of their job. But in Monday’s opinion, the coach was not acting as a government employee when he prayed on the field...

Still more.

 

Daniel K. Williams, Defenders of the Unborn

See, Daniel K. Williams, Defenders of the Unborn: The Pro-Life Movement before Roe v. Wade.

Leftists Are Crushed: Rebecca Traister, 'Today is the day that this nation sees, with eyes that are briefly clear, exactly how bad things are...'

The Court's abortion ruling this morning is a monumental defeat for the radical left, a political earthquake.

Some are calling for a "day of rage" in protest of the decision, though what good will that do? As noted earlier, inflation and the economy are tops on the list of concerns for voters, and the Democrats are foolish if they're looking to turn the November midterms into a referendum on the Supreme Court. What's done is done. The action now's at the state level, as it should be, really. Some states will maintain abortion rights --- California most definitely --- though others have "trigger laws" already in place that will ban abortion immediately, today, now that the Court has ruled. Other states have laws ready to go and could ban abortion in their states in the days or weeks ahead.

What you see on the left is utter despair in the face of bitter defeat, and if there are not literal violent attacks on crisis pregnancy centers (Dear God, no), etc., we'll at least have heated political rhetoric at the scale that would melt steel. Leftists are already degenerate, nasty, and violent. They'll be worse then ever now. It's a powder keg out there. The ruling means that abortion will be more polarizing than ever --- and that it will never go away as a divisive political issue. People will be fighting over this for decades. 

In any case, Rebecca Traister (whose writings are very good) certainly reflects the despondency of the moment, at the Cut, "The Necessity of Hope: Things are bad. They will get worse. But despair has never been an option":

Today is the day that this nation sees, with eyes that are briefly clear, exactly how bad things are, and exactly how bad they will become. No clouds today where I live. Only a stark and chilling truth in a bright blue sky: Roe is overturned, and so is Casey.

The dissent, co-authored by the Supreme Court’s three liberals, is explicit: “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.” They write that, in the wake of this decision, “from the very moment of fertilization, a woman has no rights to speak of. A state can force her to bring a pregnancy to term, even at the steepest personal and familial costs.”

So that, as they say, is that. Where we are. We can all see it, and so much more: Clarence Thomas, in his concurrence, openly declares that same-sex marriage and contraception are next. Gender-affirming health care, LGBTQ protections, voting rights, labor and environmental regulations — they are all prey to this ravening court and the party of malevolent ideologues and cynical tacticians that stands behind it.

Today also makes indisputable, thanks to Representative Jim Clyburn (who called today’s decision in Dobbs v. Jackson Women’s Health Organization “anticlimactic”) and his fellow House Democrats (who had the gall to stand outside the Capitol and sing “God Bless America” as protesters gathered at the Court and troops in riot gear marched to meet them), that those with the most power in the Democratic Party are as inept as their fiercest critics have claimed.

Today is wretched and plain. And it is not the bottom, as many people may feel it is. It will get worse; we will go lower. As the Court’s dissent insists, correctly, “Closing our eyes to the suffering today’s decision will impose will not make that suffering disappear.”

And so, with all this laid out, ugly and incontrovertible, the task for those who are stunned by the baldness of the horror, paralyzed by the bleakness of the view, is to figure out how to move forward anyway.

Because while it is incumbent on us to digest the scope and breadth of the badness, it is equally our responsibility not to despair. These two tasks are not at odds. They are irrevocably twined. As Dahlia Lithwick wondered just a few weeks ago, after the massacre in Uvalde, another clear and awful day: “What does it mean, the opposing imperative of honoring the feeling of being shattered, while gathering up whatever is left to work harder?”

It means doing the thing that people have always done on the arduous path to greater justice: Find the way to hope, not as feel-good anesthetic but as tactical necessity.

The prison abolitionist Mariame Kaba reminds us that “hope is a discipline.” It is also a political strategy and a survival mechanism. As Kaba has said, “It’s less about ‘how you feel’ and more about the practice of making a decision every day that you’re still gonna put one foot in front of the other, that you’re still going to get up in the morning. And you’re still going to struggle … It’s work to be hopeful.”

I am regularly asked, when I speak to groups in frank terms about the peril in front of us, about the temptation of hopelessness: “How can we keep going when the progress accumulated over our lifetimes has been reversed?” But we go forward because that progress was made against forces that will never stop trying to reverse it.

The failure to communicate that is a failure of our leaders, many of whom came of age in a period of progressive victories that they seemed to believe — due to naïveté or willful blindness — would continue to move in one expansive direction. It is no accident that many who believed this came from or moved into classes of power and privilege, where they could remain insulated from the erosions that have been grinding away this whole time, right under their noses.

This stubborn belief in a kind of Forever Progress has undergirded a political message that there was nothing to worry about. It has prevented a proper understanding of this country’s history and its foundational power imbalances. And now it is the shattering of this belief that pulls people toward despair.

But despair is poison. It deadens people when the most important thing they can do is proceed with more drive and force and openness than they have before. Which is why the work ahead is insisting on hope, behaving as if there is reason for hope, even if you feel, based on the ample available evidence, that there is not...

Still more.