The Supreme Court majority’s recent decisions about homelessness, public health and regulatory power, among others, undermine the role of evidence, expertise and honesty in American democracy
blocked Environmental Protection Agency limits on Midwestern states polluting their downwind neighbors, a sad but telling coda came in Justice Neil Gorsuch’s opinion. In five instances, it confused nitrogen oxide, a pollutant that contributes to ozone formation, with
You can’t make this stuff up. This repeated mistake in the 5-4 decision exemplifies a high court not just indifferent to facts but contemptuous of them., is now understandably plunging. In the last four years, a reliably Republican majority on the high court, led by Chief Justice John Roberts, has embarked on a remarkable spree against history and reality itself, ignoring or eliding facts in decisions involving.
” of the current majority’s relationship to facts. “When it needs to decide a matter for the right, it can and does accept questionable, if not false, claims as facts. If the result would benefit the left, however, there are virtually never enough facts to reach a decision.” The “laughing gas” decision illustrates this nicely: EPA had asked 23 states to submit a state-based plan to reduce their downwind pollution. Of those, 21 proposed to do nothing to limit their nitrogen oxide emissions. Two others didn’t even respond to that extent.
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