US Supreme Court ruling will not deter White House

Significance About half of all US states joined power-generation and mining interests in challenging EPA procedures. The Court held that the agency, when it is determining whether or not to regulate, must conduct a review of the costs of regulation at the outset, rather than at a later stage of the process. As Congress is unable to pass legislation, the courts are the main check on President Barack Obama's plan to use executive orders and regulation to pursue an environmental legacy. Impacts Plants that had received temporary waivers will likely nonetheless implement their pre-existing compliance plans. States will continue to litigate to try to derail pending and expected climate change and other environmental initiatives. Coal will become an export commodity, as US power plants move away from it.

Subject Amnesty law implications. Significance On July 13, the Supreme Court declared unconstitutional a civil-war amnesty law, which has been in force since 1993. This has led to fears of investigations against current politicians, and warnings that political stability could be undermined. Impacts The fall-out from the Supreme Court ruling will place a renewed focus on the independence of El Salvador's judiciary. The fact that both main parties are involved may discourage politicians from engaging in tit-for-tat allegations. There will be considerable military pressure on ARENA to oppose reopening civil-war cases.


Significance Rubio's move comes as several candidates for the Democratic Party's 2020 presidential nomination are discussing 'packing' the Supreme Court -- adding justices intended to nullify the perceived long-term conservative bias of the Court following Trump-era appointments. Impacts A constitutional change to limit the Supreme Court to nine justices is unlikely: amendments are purposely hard. Court-packing would not guarantee 'Democratic' or 'Republican' rulings: much depends on the case and how justices feel. Packing the courts would likely increase their politicisation, and potentially slow their deliberative capacity. If Trump wins a second term and Republicans keep the Senate, they will appoint further conservative justices. If the Democrats win the White House and Senate in 2020, they might 'pack' the lower courts.


Significance President Donald Trump nominated Gorsuch to fill the Supreme Court seat left vacant by Justice Antonin Scalia’s death last year. Congressional Republicans blocked former President Barack Obama’s nominee to fill the vacancy, Judge Merrick Garland, enabling Trump to name a conservative justice to set the balance of the Court after winning the presidential election. At least one Democratic senator has threatened to block Gorsuch’s appointment via upper house procedure. Impacts Future Democratic presidential candidates from the current Senate may suffer in primaries if they allow Gorsuch’s appointment. Gorsuch will help the White House and Congress severely cut back federal regulatory powers. Congressional Republicans are more likely to defy Trump on personnel and policy as his personal influence wanes ahead of the 2020 elections.


Significance With all eyes on the political and security implications of the Supreme Court’s landmark annulment of the August 8 polls, elevated political risk is also impacting the economy, which could now see subdued conditions extend well into 2018. Given President Uhuru Kenyatta’s apparently comfortable victory and widespread approval by international observers, investors were stunned by the Supreme Court ruling, and are now likely to be cautious about fully re-entering local capital markets until the political clouds lift. Impacts Public investments under Odinga would likely focus on lower-profile but critical sectors such as agriculture and health. The government’s 1.5-billion-dollar precautionary IMF facility will buttress the currency if offshore investors accelerate their retreat. Kenya’s rankings on international governance indices could improve, increasing its appeal as a regional investment gateway.


Significance The situation epitomises the chronically dysfunctional politics of the city and Rio state, of which it is the capital. In recent decades, Rio has plunged into profound economic, fiscal and security crises that no government has been able to address. Impacts Rio's strong science and research institutions could offer an avenue for quality economic growth. A poor business environment and perception of overall decline will undermine investment in the state. Rio was one of the states most affected by the COVID-induced recession and could face a longer road to recovery than others. A forthcoming Supreme Court ruling on oil royalties and possible failure to renew a federal 'rescue' deal threaten fiscal chaos.


Significance The first condition is to move the location of the talks from Geneva to Ghat. The second is that the other attendees recognise the Supreme Court ruling of November 2014, which held that the process that led to the election in June 2014 of the Tobruk-based parliament, the House of Representatives (HoR), was unconstitutional. Initial talks took place on January 14-16 and dialogue is due to restart this week. Both main factions, the Dignity-backed HoR and the Dawn-supported GNC, have called for ceasefires, but not all factions within those blocs have accepted them. Still, this is the first time ceasefires have been called since fighting between the two main competing blocs escalated following the Supreme Court ruling. Impacts Despite the talks, regional states will still be inclined to provide direct support for a proxy that serves their geopolitical interests. Fighting for control of oil installations will severely restrict the flow of revenues. This could prompt the factions to apply more pressure on the National Oil Corporation and the Central Bank. If dialogue fails it will intensify the humanitarian consequences of the conflict.


Subject A Supreme Court ruling permitting recreational marijuana use has reignited Mexico's drug-legalisation debate. Significance The Supreme Court on November 4 issued a ruling in favour of four individuals who submitted a judicial appeal after the national health authority -- the Federal Commission for Protection Against Sanitary Risks (COFEPRIS) -- rejected their request to consume, grow, own and transport cannabis for personal, recreational use. The ruling applies exclusively to the petitioners. President Enrique Pena Nieto's spokesman, Eduardo Sanchez, immediately clarified that it does not legalise marijuana, and that general production, commercialisation and supply remain banned, including for the four claimants. Impacts Although comparable appeals will undoubtedly flow to the Supreme Court, identical outcomes are not guaranteed. The ruling will re-ignite discussions on drug policies, despite the government's reluctance to introduce any major changes. Pena Nieto may struggle to reconcile his domestic and international stances on drugs as the 2016 UNGASS approaches.


Significance No progress has been made on infrastructure spending after the White House pledged in April to publish its plan. Impacts Transport PPP deals will increase, concentrated in metropolitan areas and bypassing many Southern and Midwestern states. Most US states face a steep learning curve for effective PPP implementation, creating fiscal risks if they sponsor deals that fail. Toll and infrastructure funds such as Australia’s Transurban and Macquarie, Spain’s Cintra and Canada’s Brookfield will win business. Efforts to lift the 1956 federal highway tolling ban are likely to be blocked by the trucking industry.


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