Is this really goin to happen?, 2035 Phase Out all new gas cars |
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Is this really goin to happen?, 2035 Phase Out all new gas cars |
ndfrigi |
Sep 23 2020, 02:36 PM
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#1
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Advanced Member Group: Members Posts: 2,928 Joined: 21-August 11 From: Orange County Member No.: 13,474 Region Association: Southern California |
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Robarabian |
Sep 23 2020, 10:41 PM
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#2
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914 A Roo Group: Members Posts: 591 Joined: 11-February 19 From: Simi Valley, Kalifornia Member No.: 22,865 Region Association: Southern California |
Not being political... legal analysis only...
but .. the order is mostly symbolic. It violates the Commerce Clause of the US Constitution, so it fails judicial scrutiny, in theory. Now, the automakers would have to challenge it and get it before the courts, in this case, the 9th Circus and then the Supreme Court. That being said, if one party wins the election, they could decide the "green new deal" is so important, they could try to modify the commerce clause. But mostly, it would not live through judicial scrutiny. For those of you who need the primer on the Commerce Clause, you cannot enact a law that negatively impacts interstate commerce, or commerce between the 50 states. You can enact all the laws you want "within" the state, or "intrastate commerce". This clearly effects commerce between states as automakers are both foreign and domestic. And yes, I would love to leave CA, but I won't take a BAR exam again, as it was miserable the first time.... |
Jim C |
Sep 24 2020, 06:18 AM
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#3
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Member Group: Members Posts: 190 Joined: 11-July 19 From: Texas Member No.: 23,294 Region Association: Southwest Region |
Not being political... legal analysis only... but .. the order is mostly symbolic. It violates the Commerce Clause of the US Constitution, so it fails judicial scrutiny, in theory. Now, the automakers would have to challenge it and get it before the courts, in this case, the 9th Circus and then the Supreme Court. That being said, if one party wins the election, they could decide the "green new deal" is so important, they could try to modify the commerce clause. But mostly, it would not live through judicial scrutiny. For those of you who need the primer on the Commerce Clause, you cannot enact a law that negatively impacts interstate commerce, or commerce between the 50 states. You can enact all the laws you want "within" the state, or "intrastate commerce". This clearly effects commerce between states as automakers are both foreign and domestic. And yes, I would love to leave CA, but I won't take a BAR exam again, as it was miserable the first time.... Except that the Clean Air Act allows CA to set its own auto emission standards (only state with that authority). Note that Newsom decreed "zero emissions" not EV. The legal question is whether he can do this by executive order or whether the legislature needs to pass a law. |
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