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...administrator Lisa Jackson announced that the agency would reconsider a Bush Administration decision not to regulate CO2 emissions from new coal power plants. The next day, she backed up that statement by telling the New York Times she was considering acting on an April 2007 Supreme Court decision that empowers the EPA to regulate CO2 as a pollutant under the Clean Air Act. If the EPA exercises that authority as expected - a process that would likely play out over months - it could potentially put in place one of the farthest-reaching regulations in U.S. history, affecting...

Author: /time Magazine | Title: The EPA's Move to Regulate Carbon: A Stopgap Solution | 2/20/2009 | See Source »

...However, carrying out the law will be anything but simple, nor will it be the most efficient way to protect the environment. The 2007 court case in question gave the EPA the authority to regulate CO2, when the Supreme Court ruled in favor of 12 states, led by Massachusetts, that brought suit against the government to force it to regulate greenhouse gases. The Bush Administration largely ignored the implications of that decision for the next two years, likely in part because of complaints from industry that regulating CO2 would be expensive and maddeningly complicated. That's a point well taken...

Author: /time Magazine | Title: The EPA's Move to Regulate Carbon: A Stopgap Solution | 2/20/2009 | See Source »

...Supreme Court proved willing to uphold the doctrine, eking out space for it alongside the First Amendment. In 1969's Red Lion Broadcasting Co. v. FCC, journalist Fred Cook sued a Pennsylvania Christian Crusade radio program after a radio host attacked him on air. In a unanimous decision, the Supreme Court upheld Cook's right to an on-air response under the Fairness Doctrine, arguing that nothing in the First Amendment gives a broadcast license holder the exclusive right to the airwaves they operate on. But when Florida tried to hold newspapers to a similar standard in 1974's Miami...

Author: /time Magazine | Title: The Fairness Doctrine | 2/20/2009 | See Source »

...gift for persuasion to restrict abortion legislatively, or at least not to be its advocate. But until now, the Church had not formally instructed judges in a similar fashion. As written, the Pope's statement has the potential, at least theoretically, to empty the U.S. Supreme Court of all five of its Catholic jurists and perhaps all other Catholics who sit on the bench in the lower federal and state courts...

Author: /time Magazine | Title: Catholic Judges and Abortion: Did the Pope Set New Rules? | 2/20/2009 | See Source »

...sense of just how sharp a break with the past this is, all one has to do is take a look at what Supreme Court Justice Antonin Scalia, himself a Roman Catholic, wrote in 2002 in an essay in First Things. "[Abortion involves] ... private individuals whom the state has decided not to restrain. One may argue (as many do) that the society has a moral obligation to restrain. That moral obligation may weigh heavily upon the voter, and upon the legislator who enacts the laws; but a judge, I think, bears no moral guilt for the laws society has failed...

Author: /time Magazine | Title: Catholic Judges and Abortion: Did the Pope Set New Rules? | 2/20/2009 | See Source »

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