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Supreme Court Hears Climate Change Case That Could Undermine Authority of Federal Agencies

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The high court’s ruling on the matter could hamper the regulatory powers of executive agencies and potentially even limit the authority of Congress.


West Virginia v. EPA

The Supreme Court on Monday began hearing oral arguments for a climate change case that could reshape U.S. environmental policy.

The case, West Virginia v. EPA, is the most important on the subject in the last decade, and the outcome of the court’s ruling on the matter could also restrict the ability of federal agencies to impose regulations and possibly even limit the powers of Congress.

However, the entire legal battle stems from climate-focused regulations that never actually went into effect and currently do not exist at all. The situation is centered around former President Barack Obama’s chief climate change prevention strategy, the Clean Power Plan.

Under that plan, the administration said it would use its authority under the Clean Air Act to require states to lower carbon dioxide emissions from the electricity sector — which is the second-largest emitter of greenhouse gas in the U.S. after the transportation sector.

But the Clean Power Plan never actually took effect. Instead, it was put on hold by the Supreme Court after lawsuits from Republican states and the coal industry. When then-president Donald Trump took office, he put in place a separate plan that was basically equivalent to no regulations at all. 

On Trump’s last full day in office, an appeals court ruled that his administration had “misconceived the law,” effectively scrapping the plan and paving the way for Presiden Joe Biden to issue his own regulation — which he has not yet done.

The plaintiffs in West Virginia v. EPA want the Supreme Court to prevent the Biden administration and others after it from even implementing regulations like those under Obama’s Clean Power Plan. Among other more nitty-gritty claims, they are broadly arguing that Congress, not the executive branch, has the authority to impose these restrictions.

The defendants, meanwhile, have said that the case should be dismissed largely because it is against a policy that literally does not exist — something that experts say is very rare for the high court to consider. 

Potential Far-Reaching Impacts

Depending on the scope of the ruling the court’s conservative supermajority will make, this legal battle has the potential to curb much more than just Biden’s ability to enact much-needed climate plans. In recent cases, the Supreme Court’s conservative majority has begun to outline two new legal frameworks

The first, called the major questions doctrine, essentially states that Congress should be specifically required to approve new policies, even when the language of current law gives a federal agency broad power to do so.

The second framework, called the non-delegation doctrine, separately argues that Congress is actually quite limited in how much regulatory power it can give to federal agencies. 

As a result, a broad ruling could significantly limit the ability of agencies to impose regulations and the capacity of Congress to then delegate similar authority. That, in turn, could seriously hamper the current system of governance and potentially undermine the power of federal agencies to the point where they are functionally debilitated.

The court is expected to deliver a final decision on the matter this summer.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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Churches Protected Loophole in Abuse Reporting for 20 years, Report Finds

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In some cases, Clergy members failed to report abuse among their congregation, but state laws protected them from that responsibility.


A Nationwide Campaign to Hide Abuse

More than 130 bills seeking to create or amend child sexual abuse reporting laws have been neutered or killed due to religious opposition over the past two decades, according to a review by the Associated Press.

Many states have laws requiring professionals such as physicians, teachers, and psychotherapists to report any information pertaining to alleged child sexual abuse to authorities. In 33 states, however, clergy are exempt from those requirements if they deem the information privileged.

All of the reform bills reviewed either targeted this loophole and failed or amended the mandatory reporting statute without touching the loophole.

“The Roman Catholic Church has used its well-funded lobbying infrastructure and deep influence among lawmakers in some states to protect the privilege,” the AP stated. “Influential members of the Mormon church and Jehovah’s witnesses have also worked in statehouses and courts to preserve it in areas where their membership is high.”

“This loophole has resulted in an unknown number of predators being allowed to continue abusing children for years despite having confessed the behavior to religious officials,” the report continued.

“They believe they’re on a divine mission that justifies keeping the name and the reputation of their institution pristine,” David Finkelhor, director of the Crimes Against Children Research Center at the University of New Hampshire, told the outlet. “So the leadership has a strong disincentive to involve the authorities, police or child protection people.”

Abuses Go Unreported

Last month, another AP investigation discovered that a Mormon bishop acting under the direction of church leaders in Arizona failed to report a church member who had confessed to sexually abusing his five-year-old daughter.

Merrill Nelson, a church lawyer and Republican lawmaker in Utah, reportedly advised the bishop against making the report because of Arizona’s clergy loophole, effectively allowing the father to allegedly rape and abuse three of his children for years.

Democratic State Sen. Victoria Steele proposed three bills in response to the case to close the loophole but told the AP that key Mormon legislators thwarted her efforts.

In Montana, a woman who was abused by a member of the Jehovah’s Witnesses won a $35 million jury verdict against the church because it failed to report her abuse, but in 2020 the state supreme court reversed the judgment, citing the state’s reporting exemption for clergy.

In 2013, a former Idaho police officer turned himself in for abusing children after having told 15 members of the Mormon church, but prosecutors declined to charge the institution for not reporting him because it was protected under the clergy loophole.

The Mormon church said in a written statement to the AP that a member who confesses child sex abuse “has come seeking an opportunity to reconcile with God and to seek forgiveness for their actions. … That confession is considered sacred, and in most states, is regarded as a protected religious conversation owned by the confessor.”

See what others are saying: (Associated Press) (Deseret) (Standard Examiner)

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Texas AG Ken Paxton Allegedly Flees Official Serving Subpoenas in Truck

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Following the news, a judge granted the attorney general’s request to quash the subpoenas.


Paxton on the Run

Texas Attorney General Ken Paxton fled his own home in a truck Monday morning to evade an official trying to serve him a subpoena, according to an affidavit filed in federal court.

Last month, several nonprofits filed a lawsuit seeking to block Texas from charging individuals under the state’s abortion ban in cases that happened out of state or prior to Roe v. Wade being overturned.

Two subpoenas were issued summoning Paxton to a Tuesday court hearing, one for his professional title and the other addressed to him personally.

Early on Monday Ernesto Martin Herrera, a process server, knocked on the front door of Paxton’s home in McKinney and was greeted by Texas state senator Angela Paxton, who is the Attorney General’s wife.

According to the affidavit, Herrera identified himself and informed her that he was delivering court documents to Mr. Paxton. She responded that her husband was on the phone and in a hurry to leave, so Herrera returned to his vehicle and waited for Ken to emerge.

Nearly an hour later, the affidavit states, a black Chevrolet Tahoe pulled into the driveway, and 20 minutes after that, the attorney general stepped out.

“I walked up the driveway approaching Mr. Paxton and called him by his name,” Herrera wrote in the affidavit. “As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage.”

Shortly afterward, Angela exited the house and climbed into a truck in the driveway, leaving a rear driver-side door open.

“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side,” Herrera wrote. “I approached the truck, and loudly called him by his name and stated that I had court documents for him.”

“Mr. Paxton ignored me and kept heading for the truck,” he continued.

The affidavit adds that Herrera placed the documents on the ground by the vehicle and stated that he was serving a subpoena, but the Paxtons drove away.

Process Server or Lingering Stranger?

Following the publication of the affidavit in The Texas Tribune, Ken attacked the news outlet on Twitter and claimed to fear for his safety.

“This is a ridiculous waste of time and the media should be ashamed of themselves,” he wrote. “All across the country, conservatives have faced threats to their safety – many threats that received scant coverage or condemnation from the mainstream media.”

“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” he continued.

On Monday, the attorney general filed two requests: a motion to quash the subpoena and another to seal the certificates of service, which included the affidavit.

His lawyers argued that Herrera “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted” him and his wife.

U.S. District Judge Robert Pitman granted both requests on Tuesday.

In a statement, the attorney general said that Herrera is “lucky this situation did not escalate further or necessitate force.”

See what others are saying: (The Texas Tribune) (CNN) (Fort Worth Star-Telegram)

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Ron DeSantis Faces Lawsuit, Investigation for “Human Trafficking” of Migrants

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A woman only known as “Pearla” allegedly lured the desperate migrants onto planes with monetary incentives and false promises.


A Political Stunt Blows Up in the Governor’s Face

After unexpectedly flying some 50 mostly Venezuelan migrants from San Antonio to Martha’s Vineyard last week, Florida Gov. Ron DeSantis (R) is staring down a class action lawsuit, a local investigation, and a potential probe from the Justice Department.

On Tuesday, Lawyers for Civil Rights, in conjunction with the nonprofit Alianza Americas filed a federal class-action lawsuit on behalf of the migrants. The filing names DeSantis, the state of Florida, Florida Department of Transportation Secretary Jared Perdue, and their accomplices as defendants.

It alleges they fraudulently induced the migrants to cross state lines to Martha’s Vineyard, where shelter and resources were not prepared.

According to several accounts, the migrants were falsely promised work, free rent, and immigration assistance in exchange for taking the trip.

The migrants are seeking unspecified damages on top of the cost of their legal fees for emotional and economic harm.

On Monday, Texas Bexar County Sheriff Javier Salazar announced that he was opening an investigation into the migrant flights and DeSantis’s role in the scheme, which he called an “abuse of human rights.”

“They feel that they were deceived in being taken from Bexar County — from San Antonio, Texas — to where they eventually ended up,” he told CNN on Tuesday. “That could be a crime here in Texas and we will handle it as such.”

Salazar also said in a statement that his office was working with private attorneys representing the victims and advocacy organizations and that he was prepared to work with “any federal agency with concurrent jurisdiction, should the need arise.”

Since making the announcement, the sheriff’s office has been bombarded by threats via phone and email, according to a statement by a spokesperson.

Dylan Fernandes, a Massachusetts state lawmaker representing Martha’s Vineyard, called on the DoJ to launch a human trafficking probe into DeSantis Sunday.

He wrote on Twitter about the “inhumane acts,” saying, “Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking.”

A Mysterious Woman Named Pearla

Several migrants have told reporters, and claimed in the class action lawsuit, that they were lured onto the planes by a tall, blonde woman calling herself Pearla.

She reportedly approached them outside the San Antonio shelter, on the street, and in a McDonald’s parking lot, talking to them in broken Spanish.

Eduardo Linares, a migrant who said he rejected Pearla’s offer, told The Boston Globe that she promised them a free trip to Massachusetts and guaranteed work.

Another migrant named Alejandro told the outlet she offered him three months of free rent, job placement, and help with his immigration case.

The San Antonio Report interviewed a migrant named Emmanuel who said Pearla paid him $200 to recruit other migrants for the flights.

Tuesday’s lawsuit filing elaborates on their claims, saying that they were enticed with $10 McDonald’s gift cards to fly to Boston or Washington.

It alleges that the migrants were rounded up in hotel rooms while the scheme’s organizers gathered enough people to fill two planes, with them sequestered so they could not discuss the plan with anyone else.

“Once the individual Plaintiffs and class members landed, it became clear that the promises made to induce them on the planes were in fact bold-faced lies,” the filing says.

DeSantis defended himself on Fox News Monday night, saying, “They all signed consent forms to go and then the vendor that is doing this for Florida provided them with a packet that had a map of Martha’s Vineyard, it has the number for different services that are on Martha’s Vineyard.”

The brochures given to the migrants, however, listed services for refugees, not asylum seekers, and some migrants have said they weren’t aware of this fact. If the migrants were misled, the participants in the scheme could be criminally liable.

Who Pearla is and who employs her is still unknown, but DeSantis has publically taken credit for chartering the flights.

The League of United Latin American Citizens is offering $5,000 for information leading to the identification, arrest, and conviction of Pearla.

Two days after arriving in Martha’s Vineyard, the migrants voluntarily took shelter in a Cape Cod military base, which is designed for such emergency purposes.

See what others are saying: (NPR) (Vice) (The Boston Globe)

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