The eventual ruling may not be too awful for CO2 regulation in a practical sense. The justices didn’t seem inclined to overturn a 2007 decision, Massachusetts v. EPA, granting the agency the authority to regulate greenhouse gases. Both sides agreed that they were really arguing over whether 83 percent or 86 percent of emissions could be regulated.
In other words, the entire argument is bullshit. No matter which way it goes, the EPA is still going to be regulating 83-86% of emissions – including carbon dioxide, which is not an emission, but an essential and integral part of the atmosphere.
We are so boned. And one of the biggest boners is John Roberts, who thinks a seven year old decision that was erroneous in the first place should be carved in stone forever.
I’m with Clarence Thomas – stare decisis is okay, but I value the Constitution far more highly than legal tradition.