1/4 Tomorrow we might see the climate case. Latest thoughts on possible outcomes:
1. Bad but manageable - Court reads Clean Air Act narrowly; no mention of major questions doctrine or Chevron; constrains EPA but leaves agency room to set meaningful standards for power sector.
1. Bad but manageable - Court reads Clean Air Act narrowly; no mention of major questions doctrine or Chevron; constrains EPA but leaves agency room to set meaningful standards for power sector.
2. Worse - Court says when agencies do important things they need explicit authority from Congress - broad delegation of power will not be enough. Worse than "this statute doesn't let EPA to do this one thing here." Broader implications to block regulation across admin state.
3. Terrible if unlikely - #2 plus explicitly announces Chevron overruled, announces fullest blown version of major questions doctrine per Gorsuch (the non-delegation version that suggests Congress can't delegate broadly either) + Mass. v. EPA has proven unworkable so overturned.
Want to stress I am not predicting #3 and think #1 could well happen if, for example, they couldn't come to consensus on how to use the major questions doctrine coherently, got tired after guns + abortion, are satisfied they can rein in EPA enough for now, and the Chief writes.
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