Opinion

SCOTUS Curbs EPA: The Sackett Case

6/8/2023|Updated: 6/11/2023

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Commentary

The Supreme Court’s ruling in Sackett v. Environmental Protection Agency (EPA) (pdf) follows a pattern common since the court’s Obamacare decisions: The justices trimmed back a government agency’s overreach, but they failed to address the constitutionality of the statute that facilitated the overreach.

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Rob Natelson

Author

Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.” He also researched and wrote the scholarly article “Virgil and the Constitution,” whose publication is pending in Regent University Law Review.

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