very interesting story from the Supreme Court and and specifically about Supreme
Court Justice Antonin Scalia
we're led to expect that the nine justices to the Supreme Court
are the supreme legal scholars in this country
and that further even if we were to dow
all of their personal recollections in terms of precedent in case law
they are assisted by some love the
most a by some up some by clerks who are
chosen from the best of the best and therefore
we can assume that every decision made by a supreme court justice
every opinion written is going to at its minimum
even if we disagree with it be based on accurate
recollections have case law unfortunately
somehow this is capped antonin scalia none of this has kept
antonin scalia for making a gross legal air
that is being called unprecedented blunder by some legal experts
two days ago antonin scalia was on the dissenting side in a 6-2 decision
that upheld the EPA's authority
to regulate coal pollution Antonin Scalia who is an extreme
right-wing justice appointed by ronald reagan Road that the decision
the majority the six he was not in the majority
to uphold EPA authority to regulate coal pollution was wrong
because it wasn't consistent with what he recalls
as a unanimous ruling back in 2001
which again according to antonin scalia was the Supreme Court shooting down
BPA efforts to consider costs when setting regulations
and he quoted in his opinion this is not the first time
GPA has sought to convert the Clean Air Act into a mandate for cost effective
regulation
whitman verses American Trucking associations incorporated
531 US 457 from 2001
confronted EPA's contention that it could consider cost in setting
standards this of course is not what happened there is a problem
that wasn't the EPA's position back in 2001 the agency was actually
defending its refusal to consider
cost as a counterweight to health benefits when setting air quality
standards
it was actually the trucking industry that wanted the EPA to factor in cost
the nine nothing ruling in 2001 sided with the EPA
however in 2014 Antonin Scalia is citing what he thinks
was a 900 decision against the EPA
as president precedent for his decision here
are miss characterizing this in general
is really bad but he's miss characterizing his
own boats Coolio was on the nine nothing vote
back in 2001 so Louis what's your reaction here is it's one thing
this was eventually corrected by the Supreme Court
it is one thing to I maybe miss
reinterpret a federal law right in a way that
someone could disagree with but to miss characterize your
own decision thirteen years ago
as part of the reason for your decision today is really
published shocking in many ways right
I I can't tell if this was an honest mistake
what I can say with certitude but what I can tell you is best scalia
tends to outside with corporations and big money
on almost every decision he makes we've talked about it before
but Paris I'd even whether it was deliberate right i mean we hear the
right constantly calling for the retirement Ruth Bader Ginsburg even
though she's not making these mistakes
because she's old to old according to Sun
yet nobody seems to be reacting in the same way on the right to Antonin
Scalia's mistakes
I guessed people just don't have by these two preconceived notions about his
our
I am insanity memory age
I you know I don't know I don't know what to tell you I I can tell you that
I think we both know at I think
this person was put here by someone who is I
extremely conservative because he is extremely conservative
I and I don't be quite you just happen to have an impressive legal background I
don't think this guy is
is the guy who should be making these decisions this program is supported
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