After 54 years, the Supreme Court corrected an immensely costly lower court error. More than half a century ago, the U.S. Court of Appeals for the D.C. Circuit stopped a nuclear power plant from being built in Maryland, setting off a wave of anti-economic activism nationwide. However, the Supreme Court has at last dealt a huge blow to judicial power and scored a major victory for those who want to make America a country that builds things again.

In 2020, seven western Utah counties came together to build 88 miles of rail track to connect the oil-rich Uinta Basin with the national freight rail network. Before they could begin construction, the counties needed a permit from the Surface Transportation Board.