Max Rodriguez Discusses Supreme Court Leak of Roe v Wade Draft Opinion and Implications Related to Forthcoming Decision in West Virginia v EPA with The Washington Post
May 4, 2022
In “Supreme Court leak strikes fear among environmental lawyers” (Washington Post, May 4, 2022), Max Rodriguez comments on the leak of the draft opinion signaling the Supreme Court would overturn Roe v Wade as well the Supreme Court’s forthcoming decision in West Virginia v EPA, a challenge to the Environmental Protection Agency's authority to regulate carbon emissions from the power sector.
Max, who helped 192 congressional Democrats file an amicus brief in West Virginia on behalf of the Biden administration, notes that, “The leak threatens to erode trust among justices and staff, however, making it less likely that liberal and conservative justices will reach consensus on majority opinions that transcend ideological lines. “
Max also comments on possible ramifications related to West Virginia v EPA, the landmark 2007 case that established the EPA's authority to regulate greenhouse gases under the Clean Air Act that many now expect the Supreme Court to imminently overturn. He notes, “On the off chance that there was a possibility of getting to a victory for the respondents in West Virginia v. EPA, I think it would have required a strange bedfellows kind of majority, such as three liberals plus at least two conservatives … I do wonder whether in the short term, the leak is going to strain the opportunity for strange bedfellows alignments.”
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