Jun 30, 2022

EPA Doesn't Have Much Authority and Biden Can End "Remain in Mexico" Policy, Rules Supreme Court

Multiple important rulings came through today at the high court. Let's unpack two.

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1. Limiting the Environmental Protection Agency’s (EPA) authority. The most recent ruling in West Virginia v. EPA limits EPA’s power in regulating national carbon emissions. The ruling is a blow to the Biden administration’s climate agenda.

The EPA had previously attempted to regulate emissions at the national level with Obama-era carbon emission legislation. Because Congress never formally gave the EPA this power, the court ruled that the institution should regulate at the power plant level instead.

2. Ending the Trump-era “Remain in Mexico” policy. This is a victory for the Biden Administration. The policy forced thousands of asylum-seekers to wait in Mexico during the U.S. immigration court process. It was implemented to deter foreign nationals from immigrating to the United States amidst the migration crisis that brought criminal organizations and drugs.

The Supreme Court will send the case back to a lower court to consider Biden’s attempt at ending the policy.

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