Posted on 08/31/2010 3:43:54 AM PDT by Rashputin
Okay, you get the point. The Obama brief does everything except point out the final absurdity: Because everybody directly or indirectly consumes fossil energy, everybody is both victim and perpetrator. The implicit message of the plaintiffs suit is not merely sue thy neighbor, but sue yourself!
Why then doesnt Team Obama draw the obvious conclusion of its own argument and urge the Court to reinstate Judge Preskas ruling? Why stop at the inherently provisional conclusion that the court of appeals should reassess its decision in light of prudential considerations?
Maybe the calculation is simply that the Supreme Court would be more likely to act on this advice than to overturn the appeals courts decision.
However, consider what would happen if the Supreme Court were to rule that greenhouse gas regulation is a political question. Industry would no longer face the threat of interminable litigation, from a potentially limitless pool of plaintiffs, in which multiple courts, acting without benefit of statutory guidance, improvise remedies both injunctive relief and damage awards as they see fit. Thus, industry and pro-energy lawmakers would no longer view EPA regulation of greenhouse gases as the lesser of two evils. They could then challenge EPA regulation without fear of ending up with something even worse.
(Excerpt) Read more at pajamasmedia.com ...
simple answer, get rid of EPA ... problem solved
If the necessary legislative framework cannot be forged, as it seems it may not, then it falls to the executive branch. Actually, any tyrant worth his salt would want it controlled by his own czar.
Power and control!
Undermine American industry, the economy, and our place in the world.
All Obama policies have these common themes and objectives.
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