JUDICIAL

The Judicial Branch of the federal government is responsible for interpreting and reviewing the country’s laws. The Supreme Court is the country’s most powerful body. It is our highest court. There are also lower courts. Disagreements and trials may start in the lower courts. These lower courts are called federal district courts. There are federal district courts in every state and in the District of Columbia.

THE MAKEUP OF THE SUPREME COURT

The US Supreme Court consists of nine members: one chief justice and eight associate justices. In recent years, the makeup of the Supreme Court changed dramatically. Following the death of renowned Justice Ruth Bader Ginsburg on September 18, 2020, Trump (R), having already appointed Neil Gorsuch and Brett Kavanaugh to the bench, filled her seat with Amy Coney Barrett. That appointment shifted the court to the far right for decades to come. 

The newest member of the Supreme Court, Justice Ketanji Brown Jackson, was nominated by President Joe Biden (D) on February 28, 2022, and confirmed by the U.S. Senate on April 7, 2022.

DOES THE SUPREME COURT HEAR EVERY CASE WHICH IS FILED?

About 8,000 cases are filed with the Supreme Court each year, but only about 80 are chosen to be heard and decided by the Court. The Supreme Court will only consider cases for which at least four of the nine justices vote to grant a decision to hear an appeal from a lower court.

SOME RECENT ENVIRONMENTAL RULINGS BY THE SUPREME COURT

• On June 30, 2022, by a vote of 6-3, the Supreme Court ruledagainst the EPA to regulate emissions and fight climate change in the case of West Virginia vs the Environmental Protection Agency. 
  •On May 25, 2023, by a vote of 5-4, the Supreme Court ruled againstthe EPA deciding that “the jurisdiction of the Clean Water Act extends only over wetlands that have a “continuous surface connection” with a traditional navigable water body of the United States.
  •On June 28, 2024, by a vote of 6-3, the Supreme Court overturned one of its own most important precedents, the Chevron doctrine, that for the past 40 years has guided the work of federal government in critical areas of public life, from food and drug safety to environmental protection. Under that doctrine, the courts were required to defer to the knowledge of government experts in their reasonable interpretation of ambiguous laws. This allowed agency experts, rather than courts, to play the leading role in interpreting Congress’s intent and translating statutes into detailed regulations. Chevron deference has made it easier for federal agencies, like the Environmental Protection Agency (EPA), to carry out the nation’s bedrock environmental laws. But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.” All six justices voting to overturn the deference rule were appointed by Republican presidents. Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson – all appointed by Democratic presidents. 

By invalidating the legal doctrine, the nation’s highest court has effectively stripped power from federal administrative agencies, such as the U.S. Environmental Protection Agency, and handed more authority to U.S. courts to independently decide whether newly enacted rules are consistent with federal law. This extreme power grab by the Court will make it harder for agencies to reduce greenhouse gas emissions, keep our food safe, and protect clean water. It will also make it harder for Congress to legislate by directing agencies to use their expertise. Kagan predicted that this ruling “will cause a massive shock to the legal system.”

This decision could make it easier for courts to block ambitious climate and wildlife regulations.

WHERE CAN I FIND MORE INFORMATION ON SUPREME COURT DECISIONS

The NRDC has a fairly brilliant summary and timeline on Supreme Court climate decisions over the last couple of years here.

WHAT ABOUT INFORMATION ON FOSSIL FUEL LITIGATION THAT HASN’T YET REACHED THE SUPREME COURT?

The extensive litigation against fossil fuel corporations is covered on our LITIGATION page.

AND WHAT ABOUT INFORMATION ON THE CASES THAT YOUNG PEOPLE ARE BRINGING?

The extensive litigation taking place by young people against state and federal government is covered on our JULIANA v. US and our YOUTH TAKE ACTION/JUDICIAL pages.