Corporate Climate Change, Expose Series-Intro: Leaked memos show Supreme Court ignored climate dangers in Obama regs fight P10
By Alex Guillén
04/20/2026 06:48 AM EDT
Source: E & E News by Politico
Photo / Image Source: Unsplash,
“What you see in those memos is [that] they prejudged. There is no combination of legal or policy arguments that will change their mind. Their mind is inalterably closed,” he said. “Why do we even have a judiciary at that point? I mean, if that’s the way they want to operate, they’re welcome to run for Congress.”
It also kicked off a broader legal shift in which the Supreme Court has begun to more commonly make major decisions on its “emergency” docket, which was previously limited to issues like pleas from death row inmates or fast-moving election disputes. Some court critics call it the “shadow” docket because of the opaque orders that emerge.
In the 2016 climate case, the court acted after receiving relatively limited briefing and offered no public reasoning for its decision. Some legal scholars argue this has become necessary as recent presidents have sought to take sweeping actions on executive authority.
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