[gatex]

" Now they are trying to regulate carbon and oxygen which flow with the wind across states and continents."

But Sotomeyor will stop them because there is no precedent -- she always relied on precedent . /s

Wonder how she would rule. The CO2 was designated a pollutant so it could then be regulated by the EPA. Guess they will soon be regulating (with fines) marathons, sports matches and gyms for "excess production of CO2".

[allmost]

Wonder how she would rule.

She would rule that since the carbon/oxygen cycles are critically responsible for all human activity, all human activity falls under federal jurisdiction. My guess.

If an 'R' was elected in 2012 the mandate would shift to 'animal rights' or some such garbage. Having a goat testify to the Supreme Court is not out of the question.