rationally BASED

Episode 4 | Polar Bears and Benchslaps

Center of the American Experiment

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0:00 | 1:03:40

Our hosts, law professor Ilan Wurman and Kathryn Johnson and Grace Keating, start this episode with major news out of the EPA: it has rescinded the Obama-era "endangerment" finding the supported the regulation of C02. Find out how EPA came to regulate this greenhouse gas in the first place, whether it's really a "pollutant" within the meaning of the Clean Air Act, and whether Massachusetts ever had standing to bring a lawsuit in the first place over claims that it might lose some coastline. Our hosts revisit the Fifth Circuit decision and some fallout, and address whether it violates due process or the Eighth Amendment. (It almost certainly doesn't.) Finally, our hosts continue their discussion of birthright citizenship, connecting the concept of "protection" to "jurisdiction."

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