Because the Supreme Court doesn’t permit cameras. Today’s decision on the EPA and the Clean Air Act, based on a poorly defined, judge-made legal concept (the “major questions doctrine”) with no textual support in the Constitution, probably means the end of any effective attempts to limit greenhouse gas emissions at the federal level, barring some sort of dramatic change in our political and legal systems.
The Court is determined to destroy the “administrative state” in the name of pop democracy. The result of this decision should consequently be the end of the filibuster. If Congress is going to be required by the judiciary to legislate with specificity and agility every time a problem arises, it needs the ability to legislate, period. That ability simply doesn’t exist as long as the filibuster is in place.