Conservatives should not kid themselves. Contra Hans A. von Spakovsky and Robert Gordon, the various legal challenges to EPA’s endangerment finding do not have “reasonable prospects of prevailing.” The statutory threshold for the finding is exceedingly deferential. So long as the EPA can show that climate change can “reasonably be anticipated” to have some negative effects — not catastrophic effects, not substantial net negative effects, and not even negative effects confined to humans — then the EPA wins. The agency will only lose in Court if opponents prove it violated relevant procedural rules. In other words, the EPA could lose on process, but won’t lose on the merits. This doesn’t justify backing the Carper-Casey legislation, but it does counsel conservatives to stop thinking the courts will save us from the horrors of EPA greenhouse gas regulation. Legislative action is the only fix.
Yesterday the Supreme Court made headlines — but for the wrong case. Over a blistering dissent from Justice Clarence Thomas, the Court declined to hear a case that would decide whether a Medicaid recipient has a “private right of action to challenge a state’s determination of ‘qualified’ Medicaid ... Read More
The revelations of the last few days are, though disguised, the crash in ignominy of the Robert Mueller putsch. But they are far from the end of the story. While the sire of the Mueller hit-squad assault, former FBI director James Comey, declared 245 times at last Friday’s House Judiciary Committee hearing that ... Read More
Conservatives should not kid themselves. Contra Hans A. von Spakovsky and Robert Gordon, the various legal challenges to EPA’s endangerment finding do not have “reasonable prospects of prevailing.” The statutory threshold for the finding is exceedingly deferential. So long as the EPA can show that ... Read More
It’s time to put a conspiracy theory to rest. It’s time to debunk a hoax. The conspiracy theory goes like this: The Trump-Russia investigation from its inception represented an attempt by Hillary Clinton’s allies in the federal government to intervene in the election to help Clinton. Everything that has ... Read More
It is strange how suddenly a skeptical Wall Street, CEOs, and even university and think-tank policy analysts are now jumping on the once-taboo Trump bandwagon on China: that if something is not done to stop China’s planned trajectory to global hegemony, based on its repudiation of the entire post-war trade and ... Read More
Updated 10:44pm At least three people were killed and at least 12 were injured Tuesday evening in a shooting at a Christmas market in Strasbourg, France, according to the French Interior Minister. The lone gunman, flagged as a possible extremist, who opened fire just after 7 p.m., fled the scene and remains ... Read More
The initial warning is given before Vice even starts, in an onscreen note: It’s a “true story,” we’re told. But it’s hard to be strictly factually accurate, the note adds, because Dick Cheney is such a secretive bastard. So it’s really Cheney’s fault if anything in the movie happens to be ... Read More