4 ms·

I don't understand how the Supreme Court came up with this "continuous surface connection" definition. Can they just make up such definitions on their own?

• HDThoreaun 3y ago
  It’s from the law. The EPA is the one that made up the definition of wetlands to include ones that weren’t navigable as required by the law. But yes, they can just make up definitions if they want. The NYC may issue gun law case from last year had that with the infamous “historical tradition of firearm regulation” ruling. We have a common law system which means that judicial rulings from federal appellate courts are law in their jurisdiction. The only thing stopping them I guess is the fear of another Andrew Jackson deciding they’re illegitimate and ignoring them.