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The Commons
Conservative Justices: Threat to Environment?
Posted by J. Bishop Grewell  ·  17 April 2005  ·  Media

Benjamin Wittes of the Washington Post writes in the May issue of The Atlantic Monthly that the threat liberals should be most concerned about when thinking of conservative justices is the environment. According to Wittes, "the threat to basic environmental protections from conservative jurisprudence is broad-based and severe." He then elucidates what he sees as problems from Commerce Clause jurisprudence, sovereign immunity jurisprudence, and doctrines of standing as espoused by conservative justices. The article can be found here.

Comments
  1. Wittes is grossly overstating the case. As I (exhaustively) document in the law review article in the post below, even an aggressive federalism jurisprudene will only clip federal power on the margins.

    JHA

    Posted by: Jonathan H. Adler at April 18, 2005 10:51 AM