Unanimity Doesn’t Mean Supreme Court Actually Agrees (Podcast)

Although Supreme Court justices were unanimous in backing landowners in a big EPA case, their reasoning in the latest check on administrative authority shows there is still deep division.

Listen and subscribe to Cases and Controversies on Apple Podcasts, Spotify, Google Podcasts, Stitcher, Megaphone, or Audible.

Styled as a concurrence, Justice Brett Kavanaugh’s opinion in Sackett v. EPA on how to determine whether the agency can regulate certain bodies of water read more like a dissent. Joined by the three liberal justices, Kavanaugh accused the five other conservatives of creating a ...