On behalf of their own membership, they [the U.S. Chamber of Commerce] often go into the DC Circuit, which is an appeals court that’s very important when it comes to environmental regulations and challenge regulations like this. What makes this notable is the overall success of the US Chamber of Commerce before the Roberts Court, where it’s wining over 70 percent of its cases; since the beginning of October term 2011, it’s won about 90 percent of its cases.
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But the executive branch has great flexibility and discretion to make reasonable changes when implementing complicated new legislation. And that doesn’t violate statutory law, said Simon Lazarus, a senior counsel at the Constitutional Accountability Center, a liberal think tank and public interest law firm. Nor does it violate the president’s responsibility under the Constitution to “take care that the laws be faithfully executed,” he added. “Making sensible adjustments in the timing of the implementation of laws like this is precisely what the framers expected of a president when he is exercising his duty to see that the laws are faithfully executed,” Lazarus said.
Elizabeth B. Wydra, chief counsel with the Constitutional Accountability Center, agreed that Medina's case will likely have more appeals in the future. ''Obviously, we're disappointed that the court decided not to hear the case, which we see as a clear violation of the Constitution's confrontation clause," said Wydra, adding that she thinks Medina will eventually end up before the U.S. Supreme Court.
According to the Constitutional Accountability Center's president Doug Kendall, the arguments by states and industry appeared weak. "The attempt of industry to frame this case as a power grab by EPA fell flat today before the Supreme Court," he said in a statement. "Justices across the ideological spectrum rejected the notion that they could walk away from the seminal case they decided just seven years ago, which held that EPA has the authority to regulate global warming, the defining environmental challenge of our time."
CAC's Doug Kendall appeared on FOX News Channel to discuss the greenhouse gas cases that were argued before the U.S. Supreme Court.