News

Led by San Antonio Congressman Lamar Smith, Republicans have accused state law enforcement officials of trying to suppress what they describe as legitimate scientific research into alternative theories to human-caused climate change.

Sitting next to Smith during Wednesday’s hearing in the House Science, Space and Technology Committee, Rep. Eddie Bernice Johnson, D-Dallas, said the committee had taken to harassing law enforcement, environmental groups and scientists from federal agencies including NASA and was setting a dangerous precedent.

“I have to go back to the red scare of the 1950s to find a similar effort,” Johnson said. “I hope all the members think about the precedent the chairman is setting here and how you would like it if Democrats were to take the same action as conservative minded groups.”

Subpoenas against state attorneys general and environmental groups filed by the House committee this summer so far have been ignored. New York Attorney General Eric Schneiderman, who is leading the states’ investigation, argues the congressional subpoenas are not allowed under the Constitution and described them in a letter Tuesday as “an improper fishing expedition for the benefit of a private party.”

But on Wednesday a series of constitutional law professors testified before the House committee Wednesday that despite their own belief in climate change,  House Republicans do have authority to investigate state attorneys general.

Jonathan Turley, a law professor at George Washington University, said the Supreme Court had upheld congressional committees’ subpoena authority.

“You risk becoming a decorative element,” he said. “Legislative authority means nothing if committees can not investigate.”

The question of congressional authority has been a matter of great debate. Earlier this week 12 legal scholars from law schools including Yale University and Columbia University wrote to Smith, arguing he did not have constitutional authority to issue his subpoenas, both against the attorneys general and environmental groups including 350.0rg.

“No house committee has ever tried or should ever try to enforce subpoenas against state attorneys general,” Charles Tiefer, former acting general counsel of the House and now a law professor at the University of Baltimore, testified to the committee Wednesday.

Smith showed little sign he planned...