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Supreme Court’s Contempt for Facts Is a Betrayal of Justice

Scientific American [unpaywalled] – The Supreme Court majority’s recent decisions about homelessness, public health and regulatory power, among others, undermine the role of evidence, expertise and honesty in American democracy. “When the Supreme Court’s Ohio v. EPA decision blocked Environmental Protection Agency limits on Midwestern states polluting their downwind neighbors, a sad but telling coda came in Justice Neil Gorsuch’s opinion. In five instances, it confused nitrogen oxide, a pollutant that contributes to ozone formation, with nitrous oxide, better known as laughing gas. You can’t make this stuff up. This repeated mistake in the 5-4 decision exemplifies a high court not just indifferent to facts but contemptuous of them. Public trust in the Supreme Court, already at a historic low, is now understandably plunging. In the last four years, a reliably Republican majority on the high court, led by Chief Justice John Roberts, has embarked on a remarkable spree against history and reality itself, ignoring or eliding facts in decisions involving school prayer, public health, homophobia, race, climate change, abortion and clean water, not to mention the laughing gas case. The crescendo to this assault on expertise landed in June, when the majority’s Chevron decision arrogated to the courts regulatory calls that have been made by civil servant scientists, physicians and lawyers for the last 40 years. (With stunning understatement, the Associated Press called it “a far-reaching and potentially lucrative victory to business interests.” No kidding.) The decision enthrones the high court—an unelected majority—as a group of technically incompetent, in some cases corrupt, politicos in robes with power over matters that hinge on vital facts about pollution, medicine, employment and much else. These matters govern our lives…”

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