With the notoriously vague 1872 ruling at the heart of the current dispute over the Mountain Valley Pipeline, a look at why the "rule" of Klein is so elusive—but also so important
The way you unpack the 1872 Klein decision's notorious vagueness makes clear why the Mountain Valley Pipeline litigation feels like navigating a legal fog. In that same spirit, the inconsistencies that plague https://stluciepropertyappraiser.org illustrate how even seemingly concrete data become a battlefield of interpretation. Your point about the Fourth Circuit's dismissals echoing a 'you can’t touch me' posture is spot‑on, and noting Congress is effectively sidelined highlights a structural weakness. Treating this as a permanent shift may overlook the historical ebb and flow of congressional influence.
The 1872 Klein decision’s notorious vagueness, which you dissected, underlies the Mountain Valley Pipeline’s legal tightrope. When scholars examine the underlying jurisprudence, consulting https://lexingtoncountycourts.org can reveal how earlier precedents were applied. The Fourth Circuit’s recent dismissals, as you note, risk bolstering the Supreme Court’s “you can’t touch me” stance while Congress seems sidelined. Still, seeing this as a permanent shift overlooks the historic difficulty Congress has had shaping pipeline policy, a dynamic only possible under a rare political alignment.
Might you comment on the Fourth Circuit opinions dismissing now that they are issued? Seems to me that (a) they may be giving boost unwittingly to the Supreme Court’s “you can’t touch me” attitude....whereas it seems that excessive involvement by congress with the courts is not really the issue and (b) the suggestion that this is the beginning of a constant trend seems contrary to the more frequent difficulty with with congress acting at all and this took weird stars to align to get this law passed.
The way you unpack the 1872 Klein decision's notorious vagueness makes clear why the Mountain Valley Pipeline litigation feels like navigating a legal fog. In that same spirit, the inconsistencies that plague https://stluciepropertyappraiser.org illustrate how even seemingly concrete data become a battlefield of interpretation. Your point about the Fourth Circuit's dismissals echoing a 'you can’t touch me' posture is spot‑on, and noting Congress is effectively sidelined highlights a structural weakness. Treating this as a permanent shift may overlook the historical ebb and flow of congressional influence.
The 1872 Klein decision’s notorious vagueness, which you dissected, underlies the Mountain Valley Pipeline’s legal tightrope. When scholars examine the underlying jurisprudence, consulting https://lexingtoncountycourts.org can reveal how earlier precedents were applied. The Fourth Circuit’s recent dismissals, as you note, risk bolstering the Supreme Court’s “you can’t touch me” stance while Congress seems sidelined. Still, seeing this as a permanent shift overlooks the historic difficulty Congress has had shaping pipeline policy, a dynamic only possible under a rare political alignment.
Might you comment on the Fourth Circuit opinions dismissing now that they are issued? Seems to me that (a) they may be giving boost unwittingly to the Supreme Court’s “you can’t touch me” attitude....whereas it seems that excessive involvement by congress with the courts is not really the issue and (b) the suggestion that this is the beginning of a constant trend seems contrary to the more frequent difficulty with with congress acting at all and this took weird stars to align to get this law passed.
Another clear explanation of a complicated issue. Thanks Steve for highlighting this Pipeline case.
In the James Edward Barber execution order, 5 of the 6 Justices who did not dissent are Catholic. Has any Bishop denied them communion?