Clarence Thomas may soon be in a position to cast a vote in a case that could bring the entire regulatory process crashing down.
Poor Clarence Thomas. After graduating from Yale law school, he was deeply offended that all of his classmates were getting big bucks offers from major law firms while he was looking at an unpaid internship at a legal aid society. It was all the fault of affirmative action. It was all the fault of white privilege. It was all the fault of the corrupt American Bar Association.
The government says the authority to do so is implied in the Magnuson-Stevens Act, which was passed by Congress in 1996 to provide additional federal protection to areas of the ocean that are essential spawning grounds for fish and other aquatic animals.The fight is over that word “implied.” The industry argues that if Congress intended to grant such authority to the NMFS, it should have said so specifically.
The dispute over an obscure federal statute has since exploded into a matter of great interest to industry groups and environmentalists, with the latter warning that if the Supreme Court sides with the plaintiffs, it will be much more difficult for federal agencies to implement climate regulations.amicus curiae
“The Buckeye Institute, Cato Institute, Competitive Enterprise Institute, New Civil Liberties Alliance, and Pacific Legal Foundation have also received substantial funding from the Koch family foundations — another top ten funder for the climate change counter-movement,” the senators added. “The court should proceed cautiously before contributing to their sought-for degradation of our American regulatory system.
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