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A Wrecking Ball to Environmental Law
Strict Scrutiny
The Court's Destabilization of the Clean Water Act
Justice Alito's opinion doesn't mention that the Clean Water Act is 50 years old. Eight consecutive presidential administrations have interpreted this law in a different way than the Supreme Court has done here, Leah says. "The court substitutes its own ideas about policymaking for Congresses," Justice Kagan writes as she concludes her dissent to the ruling. 'It is not how the Constitution thinks our government should work,' Leah adds.
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