Scalia Introduces Flatulence to Supreme Court Jurisprudence

| 1 Comment

I just finished reading the opinions in Massachusetts v. EPA, today's Supreme Court decision holding that the EPA has jurisdiction to regulate automobile carbon dioxide emissions (and that the State of Massachusetts has standing to sue the EPA to force it to do so). I'll post a full, non-childish analysis tomorrow, but for now I just want to make it known that today, April 2, 2007, marks the first time in Our Nation's history that the word "flatulence" has appeared in a Supreme Court opinion (based on quick Westlaw search).

Behold! Footnote 2 of Scalia's dissent!

"Not only is EPA's interpretation reasonable, it is far more plausible than the Court's alternative. As the Court correctly points out, 'all airborne compounds of whatever stripe,' ante, at 26, would qualify as 'physical, chemical, ... substance[s] or matter which [are] emitted into or otherwise ente[r] the ambient air,' 42 U.S.C. ยง 7602(g). It follows that everything airborne, from Frisbees to flatulence, qualifies as an 'air pollutant.' This reading of the statute defies common sense."

Additional props to Justice Scalia for respecting the trademark rights of Wham-O Inc. by capitalizing the word "Frisbees."

1 Comment

LOL! as much as i may disagree with scalia's views, i gotta love him for this.

Other Blogs

Law-Type Blogs

Other Webcomics

Log Archives

eXTReMe Tracker

About this Entry

This page contains a single entry by hb published on April 2, 2007 10:28 PM.

Bay Area Blawger Get-Togetherish Thing was the previous entry in this blog.

A Law Geek's Guide to Massachusetts v. EPA is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Powered by Movable Type 5.04