This Day in Liberal Judicial Activism—June 18

POLITICS & POLICY
(SeanPavonePhoto/Getty Images)

1973—By a vote of five justices, the Supreme Court rules in United States v. SCRAP that plaintiffs, including a group of law students (“Students Challenging Regulatory Agency Procedures”), have standing to challenge the Interstate Commerce Commission’s decision not to suspend a 2.5% freight rate increase.

What is the alleged injury on which their standing is based? As the majority sums it up, the rate increase “would allegedly cause increased use of nonrecyclable commodities as compared to recyclable goods, thus resulting in the need to use more natural resources to produce such goods, some of which resources might be taken from the Washington area, and resulting in more refuse that might be discarded in national parks in the Washington area,” thus causing the plaintiffs economic, recreational and aesthetic harm. The majority even acknowledges that the case presents “a far more attenuated line of causation to the eventual injury” than in a case the previous year in which the Court found no standing, and it further observes that “all persons who utilize the scenic resources of the country, and indeed all who breathe its air, could claim harm similar to that alleged by the environmental groups here.”

1980—Mere months before losing his bid for re-election, President Jimmy Carter appoints ACLU activist Ruth Bader Ginsburg to the D.C. Circuit. Carter had nominated Ginsburg only two months earlier.

Articles You May Like

George Washington Students Hold ‘People’s Tribunal,’ Call for Faculty’s Deaths
Texas goes full militant police state to silence critics of Israel
The radical left is waging a war on families. RFK Jr. won’t protect them.
Biden campaign makes strategic blunder by highlighting Trump’s condemnation of jihadist takeover
Editor’s Pick: Washington Times Covers DISTURBING Move by BlackRock in China

Leave a Comment - No Links Allowed:

Your email address will not be published. Required fields are marked *