The New York Times has inadvertently ignited a political firestorm after revealing leaked internal Supreme Court memoranda that shed new light on the 2016 emergency stay blocking former President Barack Obama’s Clean Power Plan — a regulatory push that conservatives long argued was executive overreach disguised as environmental policy.
According to the documents described in the report, Chief Justice John Roberts played a central role in pushing for the emergency stay, warning his colleagues that the Obama administration’s rule was already reshaping the nation’s energy infrastructure before the Court had a chance to fully review its legality.
At the center of the controversy is Roberts’ own written assessment, which left little room for ambiguity about how he viewed the situation at the time.
“Absent a stay, the Clean Power Plan will cause – and is causing – substantial and irreversible reordering of the domestic power sector before this court has an opportunity to review its legality,” Roberts wrote.
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