The 4th circuit has lost its mind.
Congress not only ordered the permits released, but they stripped the 4th circuit of jurisdiction. This order from the court should be ignored.
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I’ll also add, impeachment of judges should be considered.
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It’s all about agenda.
Not sure how you can impeach those judges IMO.
Fairly certain “good behavior” does not include defying the Congress. They were stripped of jurisdiction and decided to exercise it anyway. This is a constitutional crisis.
When they have 67 votes to convict in the Senate, talk to me about impeachment.
Stephen Reinhardt regularly defied the Supreme Court (and Congress) for four decades. So have other judges.
Short of a felony conviction, it is pretty much impossible to remove a Federal Judge, no matter how egregious their defiance might be.
This is a simple matter of the Congress enforcing their will. I know its a lot to hope for, but the Congress should exercise its power to protect its power. Allowing this court to usurp it is just weak and wrong. If the Congress would worry as much about protecting the power it does have, maybe they wouldn’t be so intent to exercise power they don’t have.
BTW, since I didn’t address it earlier.
This clearly is a blatant usurpation by the 4th Circuit. I did refer to the text of the debt ceiling act to confirm the statutory language.
I suspect we will soon get a summary order from the Supreme Court vacating the injunction and ordering the 4th Circuit to remand the case to the District Court with instructions to dismiss with prejudice for lack of jurisdiction.
From the Debt Ceiling Act:
(Sec. 324) This section ratifies and approves all authorizations, permits, verifications, extensions, biological opinions, incidental take statements, and other approvals or orders issued for the construction and initial operation of the Mountain Valley Pipeline (a natural gas pipeline located in Virginia and West Virginia).
The section directs all applicable agencies to continue to maintain such authorizations issued for the construction and operation of the pipeline. Additionally, this section exempts all such authorizations from judicial review, regardless of the issue date, and including pending lawsuits.
The section requires the Department of the Army to issue within 21 days all permits or verifications necessary to (1) complete the construction of the pipeline across the waters of the United States, and (2) allow for the operation and maintenance of the pipeline.
This will help end the career of Manchin. WV voters will be convinced Manchin lied to them and they will be correct.
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they will be correct, but that does not change this egregious and dangerous act by the court
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Sen. Joe Manchin, D-W.Va, a supporter of the project, tweeted Monday about the ruling. "This new order halting construction is unlawful, & regardless of your position on MVP, it should alarm every American when a court ignores the law.
Once again, another example of our government being weaponized.
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He is wrong in one sense, they are not ignoring the law, thy are acting in complete defiance to the law
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UPDATE
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a35.html
Link is to the Supreme Court docket in #23A35, an application for the Supreme Court to vacate stay. At that link you can find all the filed briefs in the case.
The Biden Administration has also filed a brief in favor of vacating the stay, but it not yet on the docket.
I believe the Supreme Court will rule by the end of next week. In addition to vacating the stays, they should order the 4th Circuit to remand to the District Court with instructions to dismiss this case for lack of jurisdiction.
Always fun relying on the last check in the system to actually work.
I think the option to impeach judges that blatantly can’t be objective needs to be used much more often.
They need reminded there are limits to their lifetime appointments.
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VICTORY
The Supreme Court vacates the injunctions with an unsigned order, though they did not go as far as I had suggested and remand the case for dismissal for lack of jurisdiction.
(ORDER LIST: 600 U.S.)
THURSDAY, JULY 27, 2023
ORDER IN PENDING CASE 23A35 MOUNTAIN VALLEY PIPELINE, LLC V. WILDERNESS SOCIETY, ET AL.
The application to vacate stays presented to The Chief Justice and by him referred to the Court is granted. The July 10, 2023 stay orders of the United States Court of Appeals for the Fourth Circuit, case Nos. 23-1592 and 23-1594, and the July 11, 2023 stay order of the Fourth Circuit, case No. 23-1384, are hereby vacated. Although the Court does not reach applicant’s suggestion that it treat the application as a petition for a writ of mandamus at this time, that determination is without prejudice to further consideration in light of subsequent developments.
EPILOGUE
On remand from the Supreme Court, the Fourth Circuit dismisses the underlying case for lack of jurisdiction and concedes the courts have no further jurisdiction in this matter.
