The Supreme Court’s “Unprecedented Judicial Activism”

University Professor David M. Driesen, Syracuse University College of Law, offers an opinion on the Supreme Court’s ruling yesterday that put a hold on the Obama’s administration’s 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,” said Prof. Driesen.

Prof. Driesen teaches environmental law, law and economics, and constitutional law at Syracuse University. He can be reached at 315.569.7602 or ddriesen@law.syr.edu.