[colorado tanker]

You are using the Socratic Method, which takes me back to law school.

My head hurts!

[henkster]

This evening I had to re-do my lecture on U.S. v. Texas for our "We The People" team in preparation of National competition in April, and frankly my head hurts. It always does when I try to figure out the moving parts of that case.

What I've come down to is I would actually trade a decision finding Texas has no standing if the Court would expressly overrule Massachussetts v. EPA, which is what Texas is relying upon to have standing in the case. Massachussetts v. EPA is one of the worst cases of judicial activism of all time, and one that gives a lot of credit to Eternal Vigilance's argument about judicial oligarchy.

But hopefully the left will find out that the decision in Massachussetts v. EPA can work both ways. And from reading the briefs and commentary on the case, the left is absolutely horrified that their monster is being turned against them.