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View Diary: Huge: SCOTUS upholds EPA efforts to regulate greenhouse gases (131 comments)

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  •  who else (4+ / 0-)
    Recommended by:
    AoT, glorificus, Lujane, mconvente

    somebody else had to vote not to hear the case

    •  Probably Kennedy (3+ / 0-)
      Recommended by:
      glorificus, Lujane, NoMoreLies

      He's been the swing vote on a lot of cases.

      My guess is that, starting with the ACA case, Roberts realizes that casting his vote the wrong way could lead to the SC having its authority eroded -- which would look bad to future historians. So he's probably quietly let the other justices know that unless they can make a decision that will be enforced by the Obama administration, to simply not accept the case.

      Doesn't mean the Roberts court has suddenly become  Warren Court II: just that he's kicking a lot of cans down the road & hoping things change in 2014 or 2016.

      (A tangential thought: unless Reid reforms the filibuster rules, if Ginsburg retires -- she's in poor health -- would the GOP filibuster anyone Obama nominates to replace her?)

      •  Even Scalia has signed orders in the (0+ / 0-)

        past upholding some of EPA's previous National Ambient Air Quality Standard setting determinations.   There have been some unanimous cases on NAAQS standards from the court in the last 10 years [but i don't have them committed to memory or what and when they occurred).

      •  On GOP filibustering Obama's SC nominee (3+ / 0-)
        Recommended by:
        radical simplicity, AreDeutz, llywrch

        Of course they would. Especially if they think they can prolong the nomination process enough to go into 2014 where they assume they would hold the senate... It's one reason why I hope Ginsburg retired before 2014, so we can ensure Obama a nominee gets 55 dem senators to work with... From the reports I've read though, Ginsburg is waiting until 2015 because she likes the age "82" or something.

        "If these Republicans can't stand up to Rush, how can they stand up to the Iranians?" - Redmond Barry

        by xsonogall on Tue Jan 22, 2013 at 03:13:57 PM PST

        [ Parent ]

        •  The real test... (2+ / 0-)
          Recommended by:
          FistJab, chloris creator

          The real test would be the surprise retirement or sudden death of Thomas, Scalia, or Kennedy.

          •  Kennedy & not Alito? (0+ / 0-)

            I'd add him as the fourth.

            Odd how no one can mention both Kennedy & Alito together. I suspect it's proof of a conspiracy! (And as soon as I think of a theory entertaining enough to share, I'll post it.)

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