There is a whole panel of “empathic” Obama appointees sitting in our courts just waiting to throw out the Constitution along with any lawsuits they disagree with.
Not disagreeing - McCain Fiengold being a perfect example.
In this case though, I am hoping that their selfish pride will overcome their agenda. They would essentially have to admit they have been wrong for 10+ years and might even open up the opportunity to challenge some (many) of their previous rulings that relied on strict interpretation of the CAA.
At it's foundation this whole debacle - CO2 and the abuse of the CAA - is the fault of Congress. They can change the law but don't. They have surrendered their responsibility to the EPA and the court system and should take their fair share of the blame.