background circumstances
Editor's note · Context
Gorsuch proposes eliminating the requirement for majority plaintiffs to show background circumstances.
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It asks us to believe that the very state in which the agency intends to store spent nuclear fuel indefinitely cannot be heard in court to complain about the agency's plans.
Accepting the commission's argument that Texas and Fasken could not seek review of its licensing decision requires us to ignore the full scope of the agency's own licensing proceeding.
Many of the arguments before us today follow a sadly familiar pattern. Yes, promises were made but the price of keeping them has become too great so now we should just cast a blind eye. We reject that thinking.
That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.