Anyone casually familiar with the court’s inner workings realizes that the court grants cert in some cases in order to make public interpretations which they are itching to get out. As so it likely was with this 5-4 decision. I’ll withhold comment for friends and family reading my blog until I’ve had a chance to throughly digest the written material, but it’s worth stating the obvious: When the court usually deals in discovery of fact (a rare occurance for this court – and somethign that they did here a bit), it’s worth taking note. Massachusetts vs. EPA is one we’ll be hearing about for decades to come.
Here’s the Opinion text.