Limiting the Inevitable Damage
Strict Scrutiny
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Wetland Regulations - Why Didn't Congress Say Immediately Adjacent?
At oral argument, a committed textualist on the court explained why the plain text of the statute allows the EPA to regulate wetlands. And then in some tag team questioning, Justice Jackson and Justice Sotomayor hammered home this point about how the petitioners were seeking to add words to the statute that weren't there. "Why didn't Congress say immediately adjacent? If they were trying to achieve something different than what the regulations had said," he says.
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