On behalf of their own membership, they [the U.S. Chamber of Commerce] often go into the DC Circuit, which is an appeals court that’s very important when it comes to environmental regulations and challenge regulations like this. What makes this notable is the overall success of the US Chamber of Commerce before the Roberts Court, where it’s wining over 70 percent of its cases; since the beginning of October term 2011, it’s won about 90 percent of its cases.
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CAC's Doug Kendall appeared on FOX News Channel to discuss the greenhouse gas cases that were argued before the U.S. Supreme Court.
According to the Constitutional Accountability Center's president Doug Kendall, the arguments by states and industry appeared weak. "The attempt of industry to frame this case as a power grab by EPA fell flat today before the Supreme Court," he said in a statement. "Justices across the ideological spectrum rejected the notion that they could walk away from the seminal case they decided just seven years ago, which held that EPA has the authority to regulate global warming, the defining environmental challenge of our time."
Elizabeth B. Wydra, chief counsel with the Constitutional Accountability Center, agreed that Medina's case will likely have more appeals in the future. ''Obviously, we're disappointed that the court decided not to hear the case, which we see as a clear violation of the Constitution's confrontation clause," said Wydra, adding that she thinks Medina will eventually end up before the U.S. Supreme Court.
But the executive branch has great flexibility and discretion to make reasonable changes when implementing complicated new legislation. And that doesn’t violate statutory law, said Simon Lazarus, a senior counsel at the Constitutional Accountability Center, a liberal think tank and public interest law firm. Nor does it violate the president’s responsibility under the Constitution to “take care that the laws be faithfully executed,” he added. “Making sensible adjustments in the timing of the implementation of laws like this is precisely what the framers expected of a president when he is exercising his duty to see that the laws are faithfully executed,” Lazarus said.
CAC’s Tom Donnelly says that a gridlocked Congress has produced what has become a familiar pattern on controversial national issues: “The president acts under the authority granted by an old law, interested parties challenge the president’s actions in court, and for the most important disputes, the Supreme Court gets the final say — with little chance of responsive legislation by Congress.”
CAC's Tom Donnelly discussed the greenhouse gas cases now pending before the U.S. Supreme Court on Politics and Reality Radio.
Congressional Democrats who helped draft the Affordable Care Act—including Senate Majority Leader Sen. Harry Reid (D-Nev.) and House Minority Leader Rep. Nancy Pelosi (D-Calif.)—filed an amicus brief Saturday that defends the law in a case pending in the U.S. Court of Appeals for the D.C. Circuit. The Constitutional Accountability Center filed the brief for a group of the lawmakers. Sen. Tom Harkin (D-Iowa), Rep. Sandy Levin (D-Mich.), Rep. George Miller (D-Calif.), Rep. Henry Waxman (D-Calif.) and former Sen. Max Baucus (D-Mont.) signed onto the brief, which also includes more than 100 state lawmakers.
CAC President Doug Kendall appeared on KIRO-FM (97.3) to discuss recent calls on the U.S. Supreme Court to allow broadcast of its oral arguments.
An advocacy group seeking more transparency in the Supreme Court is taking its cause for cameras in the high court to television.
But behind Senate Majority Leader Harry Reid (D-Nev.) and House Minority Leader Nancy Pelosi (D-Calif.), the Democrats who authored the law maintain the subsidies were designed to benefit all eligible middle- and low-income people, regardless of where they live or which government entity runs their state's exchange.“Congress did not provide that the tax credits would only be available to citizens whose States set up their own Exchanges," the lawmakers wrote in an amicus brief filed Tuesday by the Constitutional Accountability Center.
“The American people, regardless of where they live, deserve to see the fullness of Supreme Court arguments in real time," said Doug Kendall of the Constitutional Accountability Center.