Adam Liptak

speaker
322 appearances 4 recordings 1 series first heard Nov 2025 last heard 30 Apr

Adam Liptak’s voice in public audio — every appearance, attributed to the second.

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recordings per month · last 12 months
2 · Apr OctJan 26AprJulnow

Recordings per month over the last 12 months — 4 in all, peaking in Apr 2026 with 2.

Appearances

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Circuit, so these things go to him in the first instance.
And in the ordinary course, what the lawyers involved in the case expected would happen was that he would simply deny it, deny the application, or maybe send it to his colleagues and they would collectively deny it.
Mm-hmm.
But what he does instead is he starts writing a memo telling the other justices that they should take this very seriously.
So this is a three-page, single-spaced memo on letterhead that says the chambers of the chief justice.
And he explains to his colleagues why he thinks –
the Obama plan needs to be halted.
He says it's going to impose enormous burdens on states and on the coal industry.
He says there's no time to waste because they're going to have to start complying with the requirements of the Clean Power Plan right away.
He says the
that the law the president relies on to authorize this move, the Clean Air Act of 1970, does not clearly give him that power.
And the court likes to say that unless a president clearly has the power, it runs afoul of the major questions doctrine and is no good.
And he says, the EPA has kind of tricked us not long ago, and we're not going to let him do that to us again.
Just a few months before all of this, the court had ruled against the EPA in a case involving mercury emissions.
That case had been litigated over three years, three and a half years.
The normal Supreme Court process.
And the normal Supreme Court process.
And nobody had granted the challengers a stay.
So they were starting to comply with the regulation as the litigation goes forward.
The Supreme Court rules against the EPA.
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