Why SCOTUS is Climate Action’s Biggest Threat w/ Elie Mystal / A People's Climate

That’s why The Nation’s justice correspondent Elie Mystal thinks the Supreme Court should matter to everyone who cares about climate and environmental justice. The Court can block laws, limit the government’s ability to regulate polluters, and prevent communities from holding powerful companies accountable. In this episode of A People’s Climate, Shilpi Chhotray talks with Mystal about what happens when some of the biggest climate battles are being decided by a few unelected judges.

Mystal explains how the Supreme Court has changed, why its decisions have such far-reaching consequences for climate policy, and what recent cases like Loper Bright and Suncor Energy reveal about the stakes. He and Shilpi also discuss what can be done to change the Supreme Court, including stronger ethics rules, term limits, and expanding the number of justices.

Note: At the time of recording, Justice Samuel Alito had not recused himself from Suncor Energy v. Boulder County, which is discussed in this episode. On September 28, 2026, Alito recused himself from the case.

Key Topics

• The Supreme Court & climate: Why the Court has become such an important battleground over climate laws, environmental protections, and corporate accountability.
• The Shadow Docket: How the Supreme Court can block or change major climate policies through emergency rulings—without hearing full arguments or explanations.
• Loper Bright & the EPA: What overturning Chevron deference means for regulating polluters and protecting the environment.
• Fossil fuel accountability: What the Suncor Energy case could mean for efforts to hold oil and gas companies responsible for climate-related harms.
• Supreme Court ethics: Questions around conflicts of interest, financial ties, recusals, and the lack of a binding ethics code for the justices.
• Reforming the Court: What could be done to change the Supreme Court, including term limits, stronger ethics rules, and adding more justices.
• Climate & political power: Why understanding the courts is essential to understanding where climate policy gets made—and where it can be blocked.

Resources

• Bad Law: Ten Popular Laws That Are Ruining America by Elie Mystal 
• Allow Me to Retort: A Black Guy's Guide to the Constitution by Elie Mystal
• Contempt of Court podcast hosted by Elie Mystal
• The Inside Story of Five Days That Remade the Supreme Court

Credits

Presented by Counterstream Media and The Nation

Powered by Wildseeds Fund

Host: Shilpi Chhotray

Executive Producer: Mindy Ramaker 

Engineer: Dennis Maxwell

Project Manager: Asia Simms

Elie Mystal

Elie Mystal is The Nation's justice correspondent and a columnist; host of its legal podcast, Contempt of Court; and author of the weekly newsletter “Elie v. U.S.” He is also an Alfred Knobler Fellow at Type Media Center and the author of the New York Times best-sellers Allow Me to Retort: A Black Guy's Guide to the Constitution and Bad Law: 10 Popular Laws That Are Ruining America.

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