February 19, 2016—Professor Ann Carlson’s blog post for Legal Planet was cited in an Inside EPA article about how President Obama’s nomination for a new Supreme Court justice may likely be weighted on the impact that one top candidate -- appellate court judge Sri Srinivasan -- could have on the judicial fate of EPA's signature climate change rule.
Professor Carlson wrote that before Justice Scalia’s death at a remote Texas hunting resort, "the odds were firmly against Obama's climate plan. . . . With his death, the odds that the ESPS (Existing Source Performance Standards) is upheld have increased dramatically. I'd rank the change in odds as moving from less than 25 percent to higher than 75 percent, with the caveat that predicting Supreme Court outcomes is a bit like reading tea leaves."
Professor Carlson also adds that if Srinivasan is nominated and confirmed, it would mean the high court would likely consider the ESPS case with eight members rather than nine.
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