POWERLINE: A pro-environment judge is a bad judge. The post isn't really about the environment; it's about whether a Supreme Court Justice should show deference to government experts bureaucrats or to the Constitution.

Today, we are governed mostly by a fourth branch, nowhere mentioned in the Constitution, the permanent federal bureaucracy. These office-holders persist from one administration to another, and in many cases resist any effort to bring them into line with a new administration’s policies. They are unelected, unaccountable, frequently incompetent, and almost always Democrats.

I vote for the Constitution; damn the bureaucrats.