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BENT MOUNTAIN Under the dim, shaky glow of a headlamp, Deborah Kushner chained herself to the rocking chair well before the sun rose Wednesday morning.
Her very seat was a common sight in Appalachian living, an emblem of front porches and the sweet fresh air of Virginia. The chair perched in the dark, bolted onto the trunk of a broken-down car.
Kushner sat in the quiet of the woods with two other protestors, bracing herself for a protest that she knew would only subside once she was forcibly unchained from her chair and arrested. She had driven two hours from Staunton, Virginia to protest the Mountain Valley Pipeline.
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The 5-4 decision did not fall along traditional partisan leanings. Justices Stephen Breyer, Samuel Alito, Sonia Sotomayor, Brett Kavanaugh and Chief Justice John Roberts sided with the pipeline company. Justices Neil Gorsuch, Clarence Thomas, Amy Coney Barrett and Elena Kagan opposed.
Roberts in the courtâs majority opinion pointed to previous federal eminent domain uses in railroads and other infrastructure projects, saying pipelines are allowed the same protection.
âWhen the Framers met in Philadelphia in the summer of 1787, they sought to create a cohesive national sovereign in response to the failings of the Articles of Confederation,â the opinion reads. âOver the course of the Nationâs history, the Federal Government and its delegates have exercised the eminent domain power to give effect to that vision, connecting our country through turnpikes, bridges, and railroads â and more recently pipelines, telecommunications infrastructure, and electric t