Amy Coney Barrett Dissents in Environmental Case

Supreme Court Justice Amy Coney Barrett Authors Surprise Dissent in High-Profile Case

Washington, D.C. — June 10, 2025

In a move that has legal analysts buzzing, Supreme Court Justice Amy Coney Barrett broke with her conservative colleagues in a sharply worded dissent today, siding with the Court’s liberal wing in a 5-4 decision on United States v. Greenwood, a major environmental regulation case.

The case centered on whether the Environmental Protection Agency (EPA) had overstepped its authority in enforcing stringent emissions standards on power plants under the Clean Air Act. The majority opinion, written by Justice Brett Kavanaugh, struck down the EPA’s rule, arguing that Congress had not granted the agency such expansive regulatory power.

But Barrett’s dissent—joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—argued that the Court’s decision 'undermines decades of settled administrative law' and could destabilize federal agencies’ ability to address complex national issues.

'While the Court insists it is enforcing the separation of powers, it is in fact substituting its own policy preferences for those of the experts Congress entrusted to carry out its laws,' Barrett wrote.

Legal scholars noted the surprise alignment, given Barrett’s conservative record. 'This shows that Justice Barrett is not always predictable,' said Harvard Law professor Mark Tushnet. 'She has a strong commitment to textualism, but she also seems wary of radically reshaping the administrative state.'

The decision has already sparked reactions on Capitol Hill, with progressive lawmakers praising Barrett’s stance while some conservatives expressed disappointment. 'Today’s dissent proves that Justice Barrett is a thoughtful jurist who can’t be pigeonholed,' said Senator Lisa Murkowski (R-AK).

Barrett, appointed by former President Donald Trump in 2020, has often voted with the conservative bloc but has occasionally diverged, including in a 2023 immigration case where she sided with the liberal justices on procedural grounds.

As the Supreme Court’s term nears its end, all eyes remain on Barrett—raising questions about how her jurisprudence will evolve in the years ahead.

— Reported by James Whitmore, CNN Supreme Court Correspondent

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