American Electric

/Tag: American Electric
21 Jun, 2011

The Supreme Court Ducks the Political Question in American Electric

2019-03-18T18:47:57-05:00June 21st, 2011|Tags: , , , , |

The U.S. Supreme Court largely ducked the most outlandish parts of the Second Circuit’s decision in American Electric. Instead, the Court reversed the lower court on the easiest of the several grounds for reversal: displacement of federal common law.   But how would the political question doctrine have fared had the Court [...]

21 Apr, 2011

Global Warming Claims Rebuffed by the Court at Oral Arguments

2019-03-18T18:48:02-05:00April 21st, 2011|Tags: , , , |

Last week, I claimed that, in terms of cases with broad importance that will be decided this term, American Electric would be “unmatched.” I am not alone. Yesterday, Acting Solicitor General Neal Katyal started his argument off with what is at stake: “In the 222 years that this court has been sitting, [...]