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Tipsheet

Democrats Are NOT Reacting Well to Supreme Court Overturning Biden Administration's Overreach

AP Photo/Jacquelyn Martin

Earlier on Thursday, as Spencer covered, the U.S. Supreme Court spoke out against the Biden administration's Environmental Protection Agency's (EPA) overreach with regards to the "Waters of the United States" (WOTUS) policy. With the Sackett v. EPA case, the Court limited the scope of the EPA powers. It's worth emphasizing that in a particularly bad blow to the administration, the case was unanimous. 

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Democrats are not taking the news well, to the point that they've grossly misled on the outcome of the case. In a tweet from his official account, Senate Majority Leader Chuck Schumer (D-NY) lamented about how the "MAGA Supreme Court is continuing to erode our country's environmental laws," despite how, again, it was unanimous. 

While Democrats and their allies in the mainstream media are often complaining about a Court that has a 6-3 majority, they were not all nominated by President Donald Trump. Three of them were, and nominees from Presidents George H.W. Bush and George W. Bush serve on the Court. 

The case was not 6-3, though; it was 9-0. That means that the nominees from President Barack Obama and President Joe Biden himself, in the case of the newest justice, Ketanji Brown Jackson, ruled against the administration. 

If Schumer is only looking to The Washington Post for information, though, it's also the fault of the publication, which failed to acknowledge that the case was a unanimous decision. Rather, it refers to it as a 5-4 decision. No justices dissented, but merely filed concurring opinions. While some concurring opinions were broken down along ideological lines, Justice Brett Kavanaugh did file a concurring opinion that Justices Sotomayor, Kagan, and Jackson signed onto.

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President Joe Biden did not tweet about the decision--though he did tweet multiple times about the three-year anniversary about the death of George Floyd. White House Press Secretary Karine Jean-Pierre did address the decision during Thursday's press conference, though. "The Court's decision today aims to take our country backwards, it jeopardize the sources of clean drinking water for farmers, businesses, and millions of Americans." 

The Committee for Justice (CFJ), which filed a brief in the case, released a statement mocking the idea that the Court is supposedly "deeply divided." 

"This is the second time this spring that the Court has unanimously taken a bite out of the administrative state in a landmark decision. Last month, the Court ruled against the Federal Trade Commission in Axon v. FTC, in which CFJ also filed an amicus brief. This unanimity puts the lie to the notions that the Court will inevitably be deeply divided in major cases and that the reining in the administrative state is a partisan exercise," the statement read in part.

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Twitter trends have abounded on Thursday to do with the opinion, including "All 9," "Unanimous," and "Kagan," as users seek to put Democrats like Schumer and media allies in the proper place. 

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