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1 Political Atheist  Apr 30, 2014 12:26:25pm

From your link-
UPDATE: 9:15 A.M. ET

As of Wednesday morning, the Supreme Court has corrected Scalia’s opinion. The relevant passage now excludes his erroneous mention of the EPA and replaces the header with a new one that drops an EPA reference.

The new passage reads as follows: “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.”

The old header was, “Plus Ça Change: EPA’s Continuing Quest for Cost-Benefit Authority.” The new one reads, “Our Precedent.”

The case is EPA v. Homer City Generation. The original opinion — before the corrections — is available below.

EPA v. Homer

2 John Vreeland  Apr 30, 2014 12:29:33pm

He switched the plaintiffs around but it doesn’t affect the point he was trying to make. Still, odd that he would misremember his own decision that way. I guess he thought he knew it so well that he did not need to check it.

3 Political Atheist  Apr 30, 2014 12:42:11pm

re: #2 John Vreeland

He switched the plaintiffs around but it doesn’t affect the point he was trying to make. Still, odd that he would misremember his own decision that way. I guess he thought he knew it so well that he did not need to check it.

I’ll bet if you look through, this is not the first mistake by a Supreme Court Judge. What is interesting is that no internal review caught it first. I’d guess that happens a lot. Plus we do have an environment with a unpopular judge whose critics often exaggerate or mis represent what he says.

This is where the whole court got it very clearly wrong according to scholars.
5 examples.


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