Justices Split Over Global Warming Case ?

Yesterday the United States Supreme Court heard arguments in Massachusetts v. EPA. This is the case that will determine whether greenhouse gases, such as carbon dioxide, should be defined as pollutants. If they are pollutants, then the EPA will be forced to take action to control them under the federal Clean Air Act.

After listening to the questions asked by the Justices, many observors believe the Court is split, with the conservatives believing greenhouse gases are not pollutants, and the liberals believing that they are. This is the same as the split in Congress over global warming.

Of course, trying to predict how the Court will vote by listening to the questions they ask is not foolproof. There is always the chance that a Justice is simply acting as "devil's advocate" in the questions he chooses to ask.

While not completely predictive, here are how the questions asked indicates the standing of the Justices. It looks like Justices Roberts, Scalia, Alito and Thomas will vote to deny greenhouse gases are pollutants. Justices Souter, Ginsburg, Stevens and Breyer will probably vote that they are pollutants.

This would mean that Justice Kennedy would have the deciding vote. Right now, no one has a clue which way he is leaning. Looks like we'll have to wait until next year to see how this one is coming out. It could go either way.