In his opening arguments, U.S. Solicitor General, Donald Verrilli, said the EPA faces an increasingly urgent problem in "climate change." Under the circumstances, he argued, the EPA had "made the most reasonable decision possible." Verrilli continued: "The EPA did what it did because it faces an urgent problem and every year that passes this problem gets worse."
The severe weather President Obama has been linking to "global warming," "global cooling," and "climate change." That is, depending upon which turn of the phrase best suits the most recent weather conditions.
Justice Kennedy would have none of Verrilli's conjecturing and suggested that the EPA overstepped its bounds in the way it is requiring greenhouse gases to be regulated under permits for power plants, factories, and other what he called other “stationary” sources. Kennedy said: “I couldn't find a single precedent that supports [the EPA's] position.”
Four other justices--those evil and wicked "conservatives" who love air pollution--appeared to join Kennedy. The other four justices--the pure and pristine "liberals" who worship Mother Gaia--appeared to back the EPA’s interpretation of its powers under the Clean Air Act. If Justice Kennedy sides with the conservatives and they ultimately prevail, the EPA will not be able to regulate greenhouse gas emissions in the way President Obama wants.
A decision like this could also send a political signal that the Court may be willing to curb some of President's efforts to use his "phone and pen" to issue executive orders to legislate his agenda as Congress chooses to ignore it.
Oral arguments do not necessarily provide an accurate indicator about how the Court rules. But, Kennedy's skepticism was enough to send those who worship at the altar of environmentalism out into the woods to invoke the powers of Mother Gaia.
We'll just have to wait to see if Mother Gaia is able to sway Justice Kennedy.
Let the discussion begin...
To read about the hearing at the Supreme Court, click on the following link: