Ecosystem services, wetlands, carbon, geography, economics and nature. That's it.
Thursday, June 28, 2012
Obamacare and the Commerce Clause
Well, I was sort of right. Who knew that Roberts would find his inner Kennedy and be the one to use the nexus taxing authority to fill a hole left by the Incredible Shrinking Commerce Clause? And who knew that Kennedy would pull a Full Scalia?
Clear win for Obama aside, what's clear is that the Commerce Clause as a foundation for federal regulation is weaker today than it was yesterday. And that matters for environmental law.