SCOTUS signals interest in taking a look at Antiquities Act (Monuments)

[one ate E grain]

In dismissing a different case Supreme Court Chief Justice Roberts made a rare statement of interest in the Antiquities Act.
“Somewhere along the line, however, this restriction has ceased to pose any meaningful restraint,” he wrote. “A statute permitting the President in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and ‘objects'—along with the smallest area of land compatible with their management—has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea.”

SCOTUS Won't Review Marine Monument Case But Issues Warning (3)

The U.S. Supreme Court won’t take up a challenge to Obama-era protections for a marine monument off the coast of New England, in a win for conservationists and blow to fishermen who have fought restrictions in the area for years.

news.bloomberglaw.com

The reduction of Escalante and Bears Ears is "under review" by the Biden Administration, and the expansion of Cascade-Siskiyou National Monument is in litigation. Not sure where this is going, might be nothing at all, but generally Roberts doesn't just make off the cuff statements.

Some monuments are closed to hunting, others have strict rules about camping, off road travel, etc. Something to keep an eye on.

Bears Ears before it was Bears Ears W of Indian Creek

 

[GemyNetron]

It's interesting to see Chief Justice Roberts express his concerns about the scope of the Antiquities Act.

 

[OntarioHunter]

It's interesting to see Chief Justice Roberts express his concerns about the scope of the Antiquities Act.

More alarming than "interesting." Congress gave that power to the executive branch. The Supreme Court can butt out. If the people of the US don't want their presidents setting aside monuments, they can revoke the Antiquities Act through Congressional action. The Act has stood the test of time. Roberts may not like the president having that much power but his honor can shove his opinion where the sun doesn't shine. This must be the most unpopular Supreme Court in the history of America. At this point I would not be adverse at all to the president packing the court with new appointees. But he will need better control the Senate first. FDR at least had that ace in his pocket when he made his threat to pack the Court during the fight with SCOTUS over the New Deal.

 

[OntarioHunter]

In dismissing a different case Supreme Court Chief Justice Roberts made a rare statement of interest in the Antiquities Act.
“Somewhere along the line, however, this restriction has ceased to pose any meaningful restraint,” he wrote. “A statute permitting the President in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and ‘objects'—along with the smallest area of land compatible with their management—has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea.”

SCOTUS Won't Review Marine Monument Case But Issues Warning (3)

The U.S. Supreme Court won’t take up a challenge to Obama-era protections for a marine monument off the coast of New England, in a win for conservationists and blow to fishermen who have fought restrictions in the area for years.

news.bloomberglaw.com

The reduction of Escalante and Bears Ears is "under review" by the Biden Administration, and the expansion of Cascade-Siskiyou National Monument is in litigation. Not sure where this is going, might be nothing at all, but generally Roberts doesn't just make off the cuff statements.

Some monuments are closed to hunting, others have strict rules about camping, off road travel, etc. Something to keep an eye on.

BLM land frequeny has regs about off road use and camping. This is old news and not limited to national monuments.

 

[BackofBeyond]

#stopactivistjudges

 

[one ate E grain]

I posted this over two years ago. Looks like SCOTUS is off on break for the summer. That section of Indian Creek sure has changed. See the water pooling on the rock? Not often you see that in the desert, brought out the colors nice I thought. A Lama too, they are going the way of the cassette deck, being replace by some sort of helicopters with blades that spin both ways at the same time. Photo by my old roommate Scott L who wishes to remain anonymous forever.

Oh, also, see the red things at the back of the skids. Those are for the snow, we were working up and over the Lasalles at the same time. Mid November. Lasalles had deep snow, tall spruce etc, just like real mountains. They even have an elk season down there, spikes or something.

 

[whatnot]

More alarming than "interesting." Congress gave that power to the executive branch. The Supreme Court can butt out. If the people of the US don't want their presidents setting aside monuments, they can revoke the Antiquities Act through Congressional action. The Act has stood the test of time. Roberts may not like the president having that much power but his honor can shove his opinion where the sun doesn't shine. This must be the most unpopular Supreme Court in the history of America. At this point I would not be adverse at all to the president packing the court with new appointees. But he will need better control the Senate first. FDR at least had that ace in his pocket when he made his threat to pack the Court during the fight with SCOTUS over the New Deal.

Its interesting how when cases go against a side, Roe being the prime example, they work within the parameters to change the makeup.

The other side, just decides to do what the hell they want, and have no loyalty to any rule or tradition. Biden packs the courts, the next R will do the same.

Be that court packing, ESA abuse, wetlands abuse etc. If not for the blatant abuse of these acts/laws/powers, few would oppose.

 

[BrannDave]

It's important to have a balance between preserving historical sites and ensuring reasonable limits on presidential power. Speaking of preservation, if you're ever in need of beautifully crafted memorial stones, you should check out Mattos Monuments. They offer a stunning collection of double flat headstones that can be a fitting tribute to loved ones. Keep the conversation going, and have a great day!