Kagan's dissent is pretty damning. Essentially breaks the way modern government works, long term. Imagine a corporation challenging the EPA's right to limit PFAS, because Congress didn't explicitly carve it out in the original legislation. Practically speaking, it also makes the courts the supreme lay of the land when it comes to regulations, since they will have the power to challenge or overrule basically anything and congress is perpetually gridlocked for a generation. In addition, they can reinterpret anything congress passes ex post facto as being too ambiguous.
Some judge in Texas might allow a company to dump chemicals, because they are ignorant of chemistry or listened to the corporate experts trotted out to explain why forever chemicals are fine.
None of these changes are for the good of the people, long term.
Some judge in Texas might allow a company to dump chemicals, because they are ignorant of chemistry or listened to the corporate experts trotted out to explain why forever chemicals are fine.
None of these changes are for the good of the people, long term.
https://newrepublic.com/post/183269/elena-kagan-supreme-cour...
https://www.courthousenews.com/after-scathing-kagan-dissent-...
You can read the entire passage here: https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf