Shocking 5-4 Ruling From Supreme Court - Barack Obama's Signature Policy . . . GUTTED
WASHINGTON, D.C. — May 2, 2026
The U.S. Supreme Court issued a 5-4 emergency order in 2016 blocking the Obama administration’s Clean Power Plan, a major environmental regulation aimed at reducing carbon emissions from power plants, according to newly revealed internal memos obtained by The New York Times.
The rare glimpse into the justices’ deliberations showed Chief Justice John Roberts, a George W. Bush appointee, urging the Court to intervene. Roberts and other conservative justices expressed concern that the plan would cause “substantial and irreversible reordering of the domestic power sector” before the Court could fully review its legality.
The memos, dated from late January to February 9, 2016, illustrate the rapid pace at which the justices considered and acted on an unusual request on the Court’s emergency, or “shadow,” docket. The request, filed by several Republican-led states and outside groups, sought to halt the Obama-era regulation before lower courts had completed their review. Liberal justices warned that such intervention would depart from longstanding judicial practice.
The Clean Power Plan, developed by the Environmental Protection Agency under the Clean Air Act, sought to regulate coal-, oil-, and gas-fired power plants to reduce emissions, potentially leading to the closure of many facilities without immediate replacements. Republicans argued at the time that the measure would significantly disrupt energy production and drive up prices. Roberts wrote that without the stay, both states and private industry would suffer irreparable harm from a rule that was “highly unlikely to survive” full review.
Justice Elena Kagan, an Obama appointee, expressed hesitation, noting the unique nature of the relief sought. Justice Samuel Alito, another Bush appointee, agreed with Roberts, warning that failing to issue the stay would threaten the Court’s ability to provide meaningful judicial review.
Within days, the Court issued the 5-4 ruling along ideological lines, temporarily blocking the plan from taking effect. At the time, the Obama White House characterized the decision as a limited setback. However, internal administration officials were reportedly surprised by the speed of the Court’s action.
Georgetown Law School professor and Fox News legal analyst Jonathan Turley wrote in an op-ed that the leak of the confidential memos appeared intended to damage certain members of the Court. Turley noted it was the second major disclosure of confidential Supreme Court material, following the 2022 leak of the Dobbs draft opinion. He argued the latest release was “clearly designed to wound some of its members” and described the Court as looking “increasingly porous and partisan in these leaks.”
The New York Times report emphasized that legal experts have long viewed the Clean Power Plan decision as one of the first significant instances in which the Supreme Court used its emergency docket to limit executive branch power over national policy.
The Clean Power Plan was ultimately never implemented after the Trump administration moved to repeal it. The Supreme Court’s 2016 action effectively paused the regulation during the remainder of the Obama presidency and into the first Trump term. The case highlighted ongoing debates over the scope of executive authority, environmental regulation, and the role of the judiciary in reviewing major agency actions.
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The release of the internal memos has renewed discussion about the balance of power between the executive branch and the courts, as well as the confidentiality of Supreme Court deliberations. No official response from the Supreme Court or the Biden-era officials involved in the original policy has been reported regarding the leaked documents.
The developments reflect broader tensions over energy policy, regulatory authority, and the use of emergency judicial relief in high-stakes national issues.
