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Unanimity Doesn’t Mean Supreme Court Agrees Completely

Unanimity Doesn’t Mean Supreme Court Agrees Completely

FromCases and Controversies


Unanimity Doesn’t Mean Supreme Court Agrees Completely

FromCases and Controversies

ratings:
Length:
23 minutes
Released:
May 26, 2023
Format:
Podcast episode

Description

· Court clips EPA authority over clean water
· Chides local government on home seizure

Although Supreme Court justices were unanimous in backing landowners in a Big EPA case, their reasoning in the latest check on administrative authority shows there is still deep division.
Styled as a concurrence, Justice Brett Kavanaugh’s opinion in Sackett v. EPA on how to determine whether the agency can regulate certain bodies of water read more like a dissent. Joined by the three liberal justices, Kavanaugh accused the five other conservatives of creating a test that is “overly narrow and inconsistent with the Act’s coverage of adjacent wetlands.”
The progressive-leaning Constitutional Accountability Center’s Miriam Becker-Cohen joins “Cases and Controversies” to discuss that case and the other May 25 rulings.
Hosts: Kimberly Robinson and Greg Stohr
Guest: Miriam Becker-Cohen, Constitutional Accountability Center
Producer: Matthew S. Schwartz
Released:
May 26, 2023
Format:
Podcast episode

Titles in the series (100)

Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Host: Kimberly Robinson.