Fifteen years ago, Arizona voters took a drastic step to deal with partisanship in drawing the lines for federal congressional districts: they passed an amendment to the state constitution that transferred the redistricting power from the state legislature, which had previously controlled it, to an independent commission. Perhaps it comes as no surprise that the legislature objected to being cut out of the process and filed a lawsuit, which went all the way to the U.S. Supreme Court. The legislature alleged that tasking the commission with redistricting violates the U.S. Constitution’s Elections Clause, which provides that the “Times, Places and Manner of holding Elections for . . . Representatives, shall be prescribed in each State by the Legislature thereof” – because the phrase “the Legislature” can only refer to the official body that makes laws for the
Operators of electric generating plants that burn coal or oil have a right to try to convince the government that regulating poisons that come out of their smokestacks will cost them too much and thus should not go ahead, the Supreme Court ruled by a five-to-four vote on Monday. The decision focused on the very hazardous pollutant mercury but may apply to others as well.
When Congress orders an agency to begin regulating an industry, but says it should do so only if “appropriate and necessary,” the agency must take costs into account before it issues any orders, according to the ruling in a group of cases under the name Michigan v. Environmental Protection Agency.
The decision, written by Justice Antonin Scalia, at least temporarily blocked a ruling by the EPA that it would go ahead and regulate power plants while delaying,