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Corporate Climate Change, Expose Series-Intro: Leaked memos show Supreme Court ignored climate dangers in Obama regs fight P11

13 minutes ago
1 min read

By Alex Guillén

04/20/2026 06:48 AM EDT

Photo / Image Source: Unsplash,




But critics have long argued those limitations lead to less informed outcomes and greater confusion among lower courts, which are left to interpret the Supreme Court’s decisions with little to no explanation.

Justices Stephen Breyer and Elena Kagan raised such concerns in the newly revealed memos.

“Issuance of the order now may prematurely suggest a view on the merits of questions that now seem difficult,” wrote Breyer. He suggested a compromise in which the high court would later entertain targeted stay motions if a state sought a two-year delay from EPA but was denied.

Kagan warned that the high court was acting “without the benefit of full briefing or a prior judicial decision,” despite complex legal and regulatory questions.










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