Ketanji Brown Jackson: “Our ruling will no doubt aid future attempts by the fuel industry to attack the Clean Air Act.”

To be sure, the Court has not foreclosed States from challenging this blatantly unconstitutional Order.

It feels to me like the defendants ... are bringing it back to federal court before the state courts have really had a chance to sort out who is the source, what is their allegation with respect to how this causation is happening.

The Court’s disposition of this application does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.

This ruling violates well-established precedents concerning this Court’s equitable discretion and needlessly injects chaos and uncertainty into the upcoming midterm elections.