Professor Driesen on Clean Power Plan Ruling: “Extraordinary and Unprecedented Judicial Activism”
University Professor David Driesen provides commentary on Supreme Court’s ruling on the Clean Power Plan:
"The Supreme Court’s 5-4 ruling granting a stay of the Clean Power Plan reflects extraordinary and unprecedented judicial activism and circumvents the norms of appellate review. Those norms generally preclude courts from reviewing lower court’s procedural rulings until a final decision has been reached. This ruling, overruling a unanimous court of appeals denial of a stay, will delay implementation of a cornerstone of global efforts to address climate disruption and exacerbate the effects of the most serious environmental problem this generation faces."