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A supreme slip-up
Justice Antonin Scalia (Wikimedia Commons)

A supreme slip-up

Look, we all make mistakes (I made one in Tuesday’s paper) so there’s really no need to pile on Justice Antonin Scalia. But not all mistakes cause an ‘epic blunder’ in a Supreme Court opinion.

Scalia wrote a dissent in Tuesday’s opinion that upheld the Environmental Protection Agency’s power to regulate coal pollution that moves across state lines.

Here’s the line in question:

This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA’s contention that it could consider costs in setting NAAQS.

The problem, as many have noted, is the EPA actually argued against “converting the Clean Air Act into a mandate for cost-effective regulation.” In the 2001 case, the top court unanimously ruled for the EPA. The opinion’s author? Scalia, naturally.

As of Wednesday morning, the incorrect paragraph has been changed (emphasis added):

This is not the first time parties have sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns.,Inc., 531 U. S. 457 (2001), confronted the contention that EPA should consider costs in setting NAAQS.

 

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