On the Endangerment Finding

It was a foregone conclusion that Trump would overturn the endangerment finding on greenhouse gases. The interesting thing is how he did it. Instead of scraping the bottom of the barrel for outlier opinions on climate change, the administration is attempting to reinterpret the law in a manner that has no support in the text or the case law.

Trump is clearly swinging for the fences in the expectation that the Supreme Court is fully on board with his deregulation agenda. He might well be right. On the other hand, he will almost certainly lose in the lower courts, and the Supremes should be reluctant to overturn a recent Roberts Court precedent. If they do, it will be another reason for the next Democratic president to go to war with them.