It was as if April Fool's Day had come a day late.

But the Supreme Court's April 2 five-to-four decision in Massachusetts v. Environmental
Protection Agency, No. 05-1120 (2007), has shaken American jurisprudence in ways in
which we cannot begin to understand.

Hailed by the mainstream media as a decisive blow against "global warming," the
Supreme Court's demand that the EPA go back to the drawing board and reconsider its
decision not to regulate "greenhouse gases" is out of character in so many respects. In fact,
it would be hard to overstate the extent to which that case dramatically departs from the
Court's precedents and its way of doing business. . . .

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