LEMON AND THE EPA?

LEMON AND THE EPA?

What do Lemon and the EPA – the Environmental Protection Agency – have to do with 2A Rights? A lot more than you might expect. Let me explain in this Week’s 2a Wrap-Up. 

LEMON

Lemon v. Kurtzman is a legal case you might not know of by name, but you surely know its impact on everyday American life. The question was, “Do statutes that provide state funding for non-public, non-secular schools violate the Establishment Clause of the First Amendment?” For decades after the 1971 Lemon ruling, there has been a schizophrenic wall between anything government and religion-related. 

However, the 2022 Kennedy v. Bremerton School ruling asked the question: “Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?” The Supreme Court clearly overruled its previous precedent in Lemon. 

From an American Thinker article written by Nate Kellum and Andera Justus, I quote:

“The Court’s decision in Kennedy, written by Justice Neil Gorsuch, explicitly rejected the Lemon test, stating “But — given the apparent “shortcomings” associated with Lemon’s “ambitiou[s],” abstract, and ahistorical approach to the Establishment Clause — this Court long ago abandoned Lemon and its endorsement test offshoot. In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by “‘reference to historical practices and understandings,” solidifying the shift away from its flawed framework in favor of a historical understanding of the Establishment Clause.”

The highlights here are mine, and my explanation of why, in just a moment. Read on!

THE EPA

The US Supreme Court just slapped down the EPA again. This time of all plaintiffs, it’s the City of San Francisco, arguing that the EPA’s 10 Billion dollar fine on the city was based on moving targets on treated sewer water discharge standards under the Clean Water Act that are so vague no one can meet them. The City’s attorneys argued:

“We simply want to understand our prohibition limits so we can comply with them,” Tara M. Steeley, the San Francisco deputy city attorney, told the justices.”

It turned out that SCOTUS does not allow moving targets or “end result” regulations. Justice Alito writing for the majority, stated: 

“Determining what steps a permittee must take to ensure that water quality standards are met is the EPA’s responsibility, and Congress has given it the tools needed to make that determination.  If the EPA does what the CWA demands, water quality will not suffer.”

This is the third major decision against the out-of-control EPA by the current SCOTUS.

 

THE TREND –
Establishment Clause must be interpreted by “‘reference to historical practices and understandings”

The trend is that our current court is reining in the Federal Bureaucracy and out-of-control States. The destruction of the artificial wall constructed in Lemon means instead States must follow the Establishment Clause as it was understood at the time of the Founding when related to the 1st Amendment. The government must follow the 2nd Amendment regarding “arms” regulations as understood at the time of the Founding (ATF, I’m looking at you). Now the EPA must follow the laws as laid down by Congress and not vague, capricious, and illegal “reinterpretations” of the federal law by unelected bureaucracies. 

These are huge wins for freedom.

 

IOWA LEGISLATIVE NEWS

As we approach Funnel Week, there is a lot of activity happening in Des Moines regarding your 2A Rights. I’ll refer you to the IFC-PAC Bill Tracker. Also, watch our social media for the latest updates and Action Alerts. The Action Center will have the latest Action Alerts when it’s time to reach out to your respective Representatives. 

IFC TRUSTED PARTNER OF THE WEEK : MOUNTAIN MAN MEDICAL

Listen to IFC Board Chairman talk about ‘why Mountain Man Medical’ and tell you about these Professional trauma kits assembled to the specifications of the Iowa Firearms Coalition.

I have several MMM IFC kits and carry one in each of my vehicles and in my Bug Out Bags. We suggest you consider doing the same.

Please stay Ready at All Times, and help us defend all of Iowa’s rights by renewing or joining IFC today.

Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.

Dave Funk
Member, Board of Directors
Iowa Firearms Coalition
#2A4IA