5-4 Right Wing Court Majority. What Will They Do?

[B-Man]

 

 

Supreme Court Delivers a Great Win Curtailing the Power of Government in EPA Case

By Nick Arama 

 

 

This term of the Supreme Court has been a big one for based decisions and here’s another big one.

 

The Supreme Court sharply curtailed the power of the EPA to regulate greenhouse-gas emissions that cause climate change. In a 6-3 ruling written by Chief Justice John Roberts, the court sided with conservative states and fossil-fuel companies in adopting a narrow reading of the Clean Air Act.

 

The Court found that Congress had not authorized the EPA to induce a shift toward cleaner energy sources.

“Congress did not grant EPA…the authority to devise emissions caps based on the generation shifting approach the Agency took in the Clean Power Plan,” the majority wrote.

The ruling was spurred by an appeal to a decision last year that struck down a Trump-era power plant rule.

 

In appealing that decision, West Virginia asked the court to consider whether the EPA has the authority to try to push the entire system away from coal and reshape the country’s electric grid.

 

{snip}

 

This has a lot of implications then for other efforts by the Biden Administration to impose its will, without Congressional authority.

 

https://redstate.com/nick-arama/2022/06/30/breaking-supreme-court-delivers-a-great-win-curtailing-the-power-of-government-in-epa-case-n586704

 

 

 

 

 

But you know, " They must love dirty air"......

[B-Man]

 

 

A Unanimous SCOTUS Lifts The Fear Of Prosecution For Physicians Prescribing Pain Medication In Good Faith

by Ilana Cutler 

 

Instilling fear of jail time and financial ruin in the hearts of doctors for good faith prescription of pain medication is not the way to go. As recognized by all 9 SCOTUS justices.

 

What a week in SCOTUS news! While the media has chosen to focus almost exclusively on you- know-what, there is another medical holding that merits coverage.  In the consolidated cases of Ruan v. United States and Kahn v. United States, the Court delivered a 9-0 opinion, written by Justice Breyer, taking the feet of the law off of the necks of doctors who prescribe drugs to treat pain in their patients.

 

Drs. Ruan and Kahn were convicted under a provision of the Controlled Substances Act (codified at 21 U. S. C. §841) which makes it a federal crime to prescribe a controlled substance, “except as authorized.” A prescription is only authorized when it is a prescribed “for a legitimate medical purpose… acting in the usual course of his professional practice.”

 

The Department of Justice portrayed the doctors as pseudo drug dealers operating “pill mills.” At trial, Dr. Ruan asked for a jury instruction that would have required the State to prove that he subjectively knew that his prescriptions fell outside the scope of his prescribing authority, but that request was rejected.

 

https://legalinsurrection.com/2022/06/a-unanimous-scotus-lifts-the-fear-for-prescribing-physicians/

 

 

 

 

[All_Pro_Bills]

53 minutes ago, B-Man said:

 

 

A Unanimous SCOTUS Lifts The Fear Of Prosecution For Physicians Prescribing Pain Medication In Good Faith

by Ilana Cutler 

 

Instilling fear of jail time and financial ruin in the hearts of doctors for good faith prescription of pain medication is not the way to go. As recognized by all 9 SCOTUS justices.

 

What a week in SCOTUS news! While the media has chosen to focus almost exclusively on you- know-what, there is another medical holding that merits coverage.  In the consolidated cases of Ruan v. United States and Kahn v. United States, the Court delivered a 9-0 opinion, written by Justice Breyer, taking the feet of the law off of the necks of doctors who prescribe drugs to treat pain in their patients.

 

Drs. Ruan and Kahn were convicted under a provision of the Controlled Substances Act (codified at 21 U. S. C. §841) which makes it a federal crime to prescribe a controlled substance, “except as authorized.” A prescription is only authorized when it is a prescribed “for a legitimate medical purpose… acting in the usual course of his professional practice.”

 

The Department of Justice portrayed the doctors as pseudo drug dealers operating “pill mills.” At trial, Dr. Ruan asked for a jury instruction that would have required the State to prove that he subjectively knew that his prescriptions fell outside the scope of his prescribing authority, but that request was rejected.

 

https://legalinsurrection.com/2022/06/a-unanimous-scotus-lifts-the-fear-for-prescribing-physicians/

 

 

 

 

What all these SCOTUS decisions have in common are an intent to return powers granted to the legislature back to the legislature that have been encroached upon by either the judicial branch through judicial activism or the executive branch through administrative edicts issued simply for the purpose of political convenience.  With these rulings the court is saying follow the rules and not specifically ruling on the merits of the rule.   

[SoCal Deek]

2 hours ago, All_Pro_Bills said:

What all these SCOTUS decisions have in common are an intent to return powers granted to the legislature back to the legislature that have been encroached upon by either the judicial branch through judicial activism or the executive branch through administrative edicts issued simply for the purpose of political convenience.  With these rulings the court is saying follow the rules and not specifically ruling on the merits of the rule.   

Exactly…it’s way past time that the legislature start doing their jobs instead of kicking the can over to the courts so they don’t have to make any of the tough decisions that’ll jeopardize their re-election campaigns.