In a memoir, the retired D.C. Circuit judge reflects on his career and the high court, regrets initially hiding his blindness, and extols his guide dog, Vixen.
A retired federal judge has delivered an unusually stark warning about the Supreme Court and the future of the planet and democracy, which he says is imperiled by a conservative majority that is amassing power for itself while weakening minority voting rights and making it harder for the federal government to protect the health and safety of Americans.has critiqued
Conservatives have dismissed such critiques, saying they are based on disagreement with the outcome of the court’s rulings and its rapid shift to the right with the addition of three justices nominated by Trump. Tatel’s announcement in 2021 that he would take a lighter caseload or “senior status” gave President Biden plenty of time to get Judge J. Michelle Childs confirmed as Tatel’s successor before he officially stepped down in January.
In the EPA case, Roberts wrote the majority opinion to cut back the agency’s ability to reduce carbon output from power plants. The ruling rested on the “major questions” doctrine, which says Congress must speak clearly when authorizing agency action on significant issues. Tatel denigrates such doctrines as invented to produce the court’s preferred outcome, and writes that they have no basis in the Constitution.
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