WJI's daily reads for Nov. 2, 2021

WPR: State Supreme Court hears arguments on blocking Republicans' bid to hire private redistricting attorneys.

Slate: The country's female solicitor general could not get a word in edgewise at the U.S. Supreme Court.

E&E News: What the U.S. Supreme Court's move means for EPA climate rules.

A more concerning — but less likely — possibility would be if the high court used the case to more broadly undermine the regulatory authority of federal agencies.

"It’s possible that what the court is seeking to review here is Section 111(d) itself," said Michael Burger, executive director of Columbia Law School’s Sabin Center for Climate Change Law.

He referred to the part of the Clean Air Act that EPA used to regulate carbon emissions from existing power plants under former presidents Obama and Trump.

"If that’s the case, the broadest threat here is not just about climate change, or about EPA’s authority, but it’s about the power of the court to review congressional authorizations of agency action," he said.

In a worst-case scenario, the high court could give itself authority to tell Congress "in almost any instance" that it has to be more specific about delegating authority to agencies, Burger added.

Milwaukee Journal Sentinel: Attorney General Josh Kaul proposes $115 million public safety plan.

Legal Newsline: Judge rejects class action over empty spaces in Junior Mints boxes.

Judge Anne Thompson on Oct. 18 dismissed claims made by the law firms Shepherd Finkelman and Clarkson Law Firm, who sued Tootsie Roll on behalf of plaintiffs who say they were misled about how much candy is in boxes of Junior Mints and Sugar Babies....

“Furthermore, the net weight of the candy, both in metric and standard measurements, is displayed on the front of the Products’ boxes in easily discernable font,” Thompson wrote.

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