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White House Finds Itself at War With the Supreme Court

With President Joe Biden increasingly hostile to the Supreme Court and its rulings, his administration will have its work cut out for it after a term filled with setbacks.
The White House earned a split decision from the Supreme Court on June 30, coming out on top in a case that will allow it to end the Trump-era “Remain in Mexico” immigration policy while having its climate change goals undermined in a case that limits the Environmental Protection Agency’s ability to regulate greenhouse gas emissions.
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“The Supreme Court’s ruling in West Virginia vs. EPA is another devastating decision that aims to take our country backwards,” Biden said in a statement lambasting the court. “While this decision risks damaging our nation’s ability to keep our air clean and combat climate change, I will not relent in using my lawful authorities to protect public health and tackle the climate crisis.”
The White House has since begun outlining plans to move forward in light of the case, but Biden has also cast it and other rulings solidly as a midterm voting issue.
“Voters need to make their voices heard,” Biden said following the case of Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. “We need to restore the protections of Roe as law of the land. We need to elect officials who will do that.”
Biden is clinging to hopes that Congress might take action on the issue but will also need electoral wins to change the court itself.
While Supreme Court justices will never literally be on a ballot, Biden and Democrats may need to maintain their hold on the Senate, which they control only thanks to the tiebreaking vote of Vice President Kamala Harris, in order to name a progressive justice should an opening come up in 2023 or 2024. Senate Minority Leader Mitch McConnell (R‑KY) has already said it’s “highly unlikely” he’d fill a Supreme Court vacancy in 2024 should Republicans take the chamber’s majority and added that he’d “wait and se …

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