Articles by Justin Pidot

Global warming in the Supreme Court

It's the first Tuesday in November. Election Day. As in years past, today I am a patriot. I feel hopeful that democracy will bring out the best in this nation's citizens and that tomorrow (or late tonight, huddled in front of my low-quality TV) I will witness political change and renew my belief that our politicians will pave (or plant) the way to a better future.

When I think about tomorrow's leaders, I hope (almost desperately) they will have the courage to tackle global warming. The courts are unlikely to be an adequate substitute.

For the past six years, our federal government has refused to do much of anything. The most daring step taken may have occurred in 2005, when the Senate passed an amendment to the Energy Policy Act expressing its "sense" that Congress should do something. This "sense" did not remain in the law's final version, and we have yet to see it translated into action.

In light of this systematic, breathtaking political failure, environmentalists have brought global warming into courtrooms across the country. This is new territory for the judiciary. To date, the U.S. Supreme Court has never so much as mentioned global warming or greenhouse gases in any of its decisions. However, the Justices are about to get their chance. On November 29th, as the dust settles from today's election, the Justices will hear Massachusetts v. EPA, which has pitted state against state (eleven states join Massachusetts, nine join EPA) and split the business community in two.