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In a pointed dissent, Justice Jackson argues that the Supreme Court appears to favor ‘wealthy interests.’


Liberal Supreme Court Justice Ketanji Brown Jackson delivered a sharp dissent on a case regarding vehicle emissions regulations, criticizing her colleagues for appearing to favor corporate interests. The court ruled 7-2 in favor of fuel producers challenging the Environmental Protection Agency’s (EPA) approval of California’s clean vehicle emissions standards, a decision Jackson suggested could harm the court’s reputation of being perceived as overly sympathetic to corporate entities.

Jackson expressed concern over the ruling’s implications, arguing it could undermine public trust in the judiciary by reinforcing the notion that wealthy interests have an advantage in legal proceedings compared to ordinary citizens. She pointed out that the producers obtained legal standing through a theory not applied to less powerful plaintiffs, raising questions about the court’s fairness.

Although the case may soon become moot due to shifts in federal environmental policy under the Trump administration, Jackson warned that it could set a precedent that facilitates future challenges by the fuel industry against the Clean Air Act. She emphasized the court’s disinterest in hearing cases that could uphold the rights of less powerful litigants, contrasting the standing afforded to wealthy plaintiffs.

In response, conservative Justice Brett Kavanaugh, who authored the majority opinion, disputed Jackson’s characterizations, arguing that there had been instances where liberal justices also faced similar standing rulings. He asserted that the government cannot impose strict regulations on businesses while simultaneously denying those businesses a legal avenue to contest the regulations.

The larger context involves the EPA’s authority to set national vehicle emissions standards and California’s historical role in regulating emissions, which the court’s ruling now complicates. The Republican-controlled Congress recently moved to revoke the EPA’s waiver allowing California to adopt its own stricter regulations.

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