Statement from President Joe Biden on Supreme Court Decision in Sackett v. EPA

[Polybius]

The Supreme Court’s disappointing decision in Sackett v. EPA will take our country backwards. It puts our Nation’s wetlands – and the rivers, streams, lakes, and ponds connected to them – at risk of pollution and destruction, jeopardizing the sources of clean water that millions of American families, farmers, and businesses rely on.

Since the Clean Water Act was passed by an overwhelming bipartisan majority in Congress in 1972, it has been used by Republican and Democratic administrations alike to help ensure Americans in every state have clean water. It is the reason why today America’s lakes are swimmable, why we can fish in our streams and rivers, and why clean water comes out of our taps.

Today’s decision upends the legal framework that has protected America’s waters for decades. It also defies the science that confirms the critical role of wetlands in safeguarding our nation’s streams, rivers, and lakes from chemicals and pollutants that harm the health and wellbeing of children, families, and communities.

I am committed to protecting clean air and water for our kids for generations to come. My team will work with the Department of Justice and relevant agencies to carefully review this decision and use every legal authority we have to protect our Nation’s waters for the people and communities that depend on them. We will work with states, cities, and Tribal communities to pass and uphold critical protections for their residents. Through my Investing in America agenda, we’re already deploying historic resources in communities all across America to remove lead pipes, improve water quality, and rebuild the Nation’s drinking water infrastructure.

https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/25/statement-from-president-joe-biden-on-supreme-court-decision-in-sackett-v-epa/

Edited to add that decision was unanimous (9-0) to avoid confusion.

[Polybius]

2. All 9 were the majority

The decision Biden is disagreeing with was unanimous.

[In It to Win It]

6. The opinion Biden is disagreeing to was a majority written by Alito

and joined by Roberts, Gorsuch, Thomas and Barrett. Although they agreed in the final result as it relates to the petitioner, the majority opinion by Alito reaches out further than the petitioner to change the interpretation of the Clean Water Act.

The seperate concurring opinion written by Kavanaugh and joined by Kagan, Sotomayor, and Jackson agrees the the petitioner should prevail but pretty much leaves the Clean Water Act as-is.

Biden is agreeing with the majority opinion written by Alito.

Additionally, there are other concurring opinions by Kagan and Thomas, separately. But the primary focus is the majority opinion and the concurring opinion of Kavanaugh with the 3 Dem-appointees.

[Polybius]

7. I had thought that the 5-4 was only about the reasoning why

Hmm. It did seem that Biden also disagreed with the while ruling.

[In It to Win It]

8. Yes that part is correct that it's 5-4 ruling with regard to reasoning

This would have been a nothing burger not worthy of commenting on if it only about the final result for the petitioner. With the 4 justice minority's reasoning, this ruling would mean nothing to anyone except the petitioner; the petitioner wins with the minority's reasoning but nothing changes for the administration, the EPA and enforcing the Clean Water Act.

It's a big deal, big enough for the President to comment about, because of Alito's reasoning. Alito's reasoning is a part of the ruling that makes it worth commenting on because his reasoning is limiting or diluting the power of the EPA to enforce the Clean Water Act. Alito's reasoning got the majority and is, therefore, binding. Alito's reasoning made this case bigger than the petitioner and is effecting the administration so that's why Biden is commenting.

[GreenWave]

3. Pipe that water right to them.

I am tired of their elitist attitude.

[2naSalit]

4. +1

[In It to Win It]

5. They agreed in judgement only. There is a 5-4 majority

The majority opinion is what Biden is disagreeing with. The majority opinion hobbles the CWA.