Last night the US Supreme justices refused the federal government’s petition to end the Oregon district court case. The media headlines will say this action allows the case to start, but that is not what happened. The real story concerns procedural hurdles and comes from Scotusblog, not from the green industry PR department (when did yellow journalism change colors?).
Everyone knows this issue will eventually come to the Supreme Court for a ruling. Some judges in black robes will take the heat for telling the truth about the case’s fatal legal flaws. So the Supremes will allow (not prevent) the lower courts to do their job to declare the suit out of bounds. All the while they know any lower ruling will be appealed by the losing side to the top later on.
As you will see, there are probably two more procedural maneuvers before the case can proceed to…
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