Supreme Court Goes Into the Science Business

The liberals on the Supreme Court, joined by swing voter Anthony Kennedy, ruled today that the EPA must regulate carbon dioxide emissions.

Justice Stevens wrote that "the only way the agency could 'avoid taking further action' now was 'if it determines that greenhouse gases do not contribute to climate change.'"

This decision is a troubling combination of dabbling in pseudoscience and legislation from the bench.

As Chief Justice Roberts noted in his dissent: "...redress of grievances of the sort at issue here is the function of Congress and the chief executive, not the federal courts."

In other words, if Congress wants the EPA to regulate carbon dioxide emissions, all it has to do is legislate to that effect. And if the plaintiffs felt they were endangered by carbon dioxide, they needed to complain to their legislators, not use the court system to have their way.

Alas, we are still a vote or two away from this kind of commonsense position being a regular majority on the Supreme Court.

Tuesday Update: Jonathan Adler and Ed Whelan at National Review have more.

Tuesday Afternoon Update: Welcome to readers of Real Clear Politics!