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Show ~a—- DAILY eae ee Tuesday, August 2, 2005 HERALD Globalwarmingmaybe pgesaSupreme Court nominee’s vote in Soma = toadcase dissectedfor legal views THEASSOCIATED PRESS fing cat fohkas of ead bac cn tie beaches, $ most worrisome,very little plankton —the ‘anisms that are @ vital link in the ocean food chain. Is this just one freak year? Or is this global warming? Few scientists are willing to blame global warming, the theory that carbon dioxide and other man-made emissions are trapping heat in the Earth’satmosphere and causing a world- " wide rise in temperatures. Yet fewarewilling to rule it out “Thereare strange things happening. but we don't really understand how all the pieces fit together,” said Jane Lubchenco,a zoologist and climate change expert at Oregon State University “It's hard to say whether any single eventis just an anomaly ora realindication of some- jon. Off Oregon, for example, the waters near the shore are 5to 7 degrees warmer than thing serious happening. Scientists say things could very well swing back to normal next year. But if the WASHINGTON — A toad may offer i into John dealt with the issue of federalstate control just once in his two ues ms a ree comt a. In that case, Roberts ed that federal power Saeed habitat of the rare arroyo southwestern toad. He questioned whether “a hapless toad that, for reasons of its own, lives its entire life” in one state could phenomenon proves to be long- lasting, the consequences be serious for birds,fish and other wildlife. This much is known: From California to British Columbia, unusual weather patterns have disrupted the marine ecosystem. Normally, in the spring and summer, winds blow south along the Pacific Coast and be regulated by the federal government. His view did not prevail. Doug Kendall, executive director of the environmental push warmersurface waters awayfrom shore. That allows colder, nutrient-rich water to well up from the bottom of the sea and feed microscopic plantscalled phytoplankton. Phytoplankton are then eaten by zooplankton, tiny marine animals that include , tressed. On the Farallon Islands west of San Francisco, researchers this spring noted a steep decrease in nesting cormorants and a 90 percent drop in Cassin’s auklets — the worst in more than 35 years of monitoring. YouGet “+ 15 lines of text - A Garage SaleKit 2 (which includes,signs, price tags & balloons) Call today to place your ad! 373-6450 In June, however, Rehnquist bering stacy een jor federal power case. The courtruled 6: that federal agents may arrest people who use marijuana to ease their pain, peone mime pence! erin Richard Garnett, a Notre Tosice Clarence Thomas, the Dame law professor and former court member withperhaps the clerk for Rehnquist, said Robstrongest views on the comerts did not reveal any radical be vigorously viewsor propose striking down merce clause,said the questioned the Endangered Species Act. “I was so broadthat “the federal by Senate government may now regulate don’t think this indicates any Democrats. * eagerness for courtsto start quilting bees, Gohes drives and potluck suppers throughout the invalidating federal laws,” he Justice William H.Rehnquist, the court has said. 50 states.” Stephen McAllister, a former tended toside withthe states. Atissue is the Constitution's Senate Democratsplan to vig- “commerce clause,” which emThomas law clerk and law orously question Roberts about powers Congress to “regulate school dean at the University commerce with foreign nations, of Kansas,said conservatives his views, with Sen. Edward and among the several states.” M. Kennedy, D-Mass., among wantcourts to keep Congress “When you think commerce from using “commerce” as an those on the Judiciary Committee who say they want to know clause, don’t think technical _- excuse to meddle in everything. more about wherehe believes and meaningless,” said Cass ~ “Whenyou wakeup in the morning you affect commerce. federal interests stop. Some Sunstein, a University of ChiDemocrats have said they fear The fear is commerce power becagolaw professor. “Think he will support scaling back comes the general police power in what wayscan the glected representatives of the people for the federal government,” longtimefederal protections for the elderly, disabled and the noe protection against seri- he said. environment. In the last major commerce Roberts,50, has not spoken clause case involving the enoC the court's first publicly since being picked by vironment, the court voted 54 female, generally has been a President Bushto replace retir- strong states’ rights advocate. in 2001to limit the scope of the landmark Clean Water Act. ing Sandra Day O'Connor. He But not always. For example, The Supreme Court has one twoyears ago she joined a states’ rights case to review this ruling that found state governfall, andit’s among the most imment workers are protected 118 East Main* Lehi portantissues the justices will undera federal law guarantee768-9514 decide: whether Congress has ing they will not lose their jobs if they take time off to deal with the authority to prohibit physiCompassion. cian-assisted suicide if a state family emergencies. allowsit. Supreme Court showdowns ly disconcerting. Dignity. Integrity. Artistry. in the Daily Herald & harktheherald DailufHerald “Private party. Restrictions apply GOING ON VACATION? Donate your newspapers to Newspaper in Education. For moreinformation FaitygteraO The Next Stage” your Interest? Opena Wells Fargo® CD today and take advantageof our great special rate — for a limited timeonly. It only takes $10,000 to open a new Wells Fargo CD andlockin a special limited-time-only rate. 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