The court heard arguments in 4 related cases involving challenges to the policy brought by 3 #Republican-led states — Indiana, Ohio & West Virginia — & various affected industries, incl’g natural gas pipeline operators.
#SCOTUS, which has a 6-3 #conservative majority, is skeptical of broad exertions of federal power on regulatory issues, incl’g the environment.
Based on the oral arguments, it appears there is a majority to block the regulation… while litigation continues in lower courts.
…The court's 3 liberal justices appeared united in believing it would be wrong for the court to intervene in the litigation when no lower court has yet ruled.
Justice Ketanji Brown Jackson said it would be "fairly extraordinary" for #SCOTUS to step in.
Justice Elena Kagan said the challenges were "kicking up a lot of dust" but that it remained unclear whether they had met the requirements for the court to block the rule.
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