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Wednesday, March 21, 2012

Obama, DOJ Suffer Third 9-0 Supreme Court Loss

Court watcher predicted that the Idaho couple, Chantell and Mike Sackett, would prevail in their suit against the EPA before the Supreme Court but no one predicted another 9-0 drubbing. This is the third time this season the Court has unanimously sent the Obama DOJ to the showers. The EPA argued that allowing lawsuits challenging its compliance orders, which it views as a warning, would undermine its ability to deal quickly with water pollution under the Clean Water Act. But Justice Antonin Scalia, writing for the court, rejected the government's argument, saying that the Clean Water Act was not "uniquely designed" to allow the EPA to strong-arm property owners into compliance.

Earlier this session the Court ruled 9-0 that the Lutheran Church not the EEOC should chose it ministers. In another case involving a Texas redistricting plan the Court rejected a lower court ruling favored by Eric Holder's racially biased Civil Rights Division sending it back to that lower court. Again the ruling was 9-0.

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