Deferring To The Executive Branch On Global Warming


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PUBLISHED ON: June 29, 2011


The unanimous opinion (Justice Sonia Sotomayor recused herself), written by Justice Ruth Bader Ginsburg, essentially deferred to the executive branch on the issue. The initial district court holding had dismissed the case as a political question. The recent Supreme Court decision did essentially the same thing, only based upon a slightly different legal premise.