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SEC Climate Disclosure Rule: A Duck That Quacks

SEC Climate Disclosure Rule: A Duck That Quacks
The seal of the U.S. Securities and Exchange Commission (SEC) at their headquarters in Washington on May 12, 2021. Andrew Kelly/Reuters
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Commentary

In his recent memoir, former attorney general William Barr recounts how the Trump administration lost its attempt to include a citizenship question in the 2020 census. After losing in the Supreme Court, Barr briefed President Trump on what had gone wrong. “If people were straightforward from the beginning, it could have gotten done,” Barr explained. “The trouble is the administration was too cute by half, and [Chief Justice John] Roberts threw the penalty flag.” The Supreme Court had thrown out the citizenship question because the Commerce department’s declared rationale for it was pretextual—that is to say, it was not the real reason that the Trump administration wanted a citizenship question in the census.

Rupert Darwall
Rupert Darwall
Author
Rupert Darwall is a senior fellow of the RealClear Foundation and author of the books “The Age of Global Warming: A History,” “Green Tyranny: Exposing the Totalitarian Roots of the Climate Industrial Complex,” and “Going Through the Motions: The Industrial Strategy Green Paper.” Darwall also authored the reports “The Climate Noose: Business, Net Zero, and the IPCC’s Anti-Capitalism,” “Capitalism, Socialism and ESG,” “Climate-Risk Disclosure: A Flimsy Pretext for a Green Power Grab,” “The Anti-Development Bank: The World Bank’s Regressive Energy Policies,” and “The Folly of Climate Leadership.”
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