Liberal justices look for 'escape hatch' as high-stakes climate case lands at Supreme Court, experts say
Justices Ketanji Brown Jackson and Sonia Sotomayor's repeated questions concerning whether the Supreme Court has jurisdiction to hear a high-profile climate case that could expose oil companies to lawsuits across...
By Fox News · Fox News
Justices Ketanji Brown Jackson and Sonia Sotomayor's repeated questions concerning whether the Supreme Court has jurisdiction to hear a high-profile climate case that could expose oil companies to lawsuits across the country steered conservative lawyers to believe that the liberal justices are seeking an "off-ramp." "The fact that they kept going back to trying to create a jurisdictional problem tells me they don't feel confident that they have the votes in this space," Carrie Severino, president of JCN, a conservative judicial group, told Fox News Digital. "Jackson and Sotomayor were looking for an escape hatch." The Supreme Court began its new term Monday, hearing its first oral arguments for Suncor v. Boulder, in which they will rule on whether state tort laws can be used to seek damages from oil companies for climate change, even when the alleged harms are occurring outside the state or continent. The justices will also rule on whether the Supreme Court has jurisdiction to hear this case now, as the case is still before the Colorado Supreme Court . The case before the high court is in an unusual procedural posture, meaning the justices could resolve it without ever reaching the blockbuster state-versus-federal power fight at its center. That dispute centers on whether Colorado can use its own laws to seek damages for alleged harms caused by emissions from other states or whether it's an issue for the federal government and Congress to regulate. SUPREME COURT BEGINS NEW TERM WITH HIGH-PROFILE LOOK AT CLEAN AIR AND FEDERAL AUTHORITY "The questions by Jackson and Sotomayor trying to say it would be premature for the court to issue an opinion are simply the liberal justices trying to find an off-ramp for the case because they are afraid they will be outvoted on the main issue: does federal law such as the Clean Air Act preempt all state claims like those asserted here," Hans von Spakovsky, senior legal fellow with Advancing American Freedom, told Fox News Digital.…