FERC demand response rule
An Inconvenient Logic
Justice Scalia’s argument in the FERC case contradicts his attack on Obamacare.
They say consistency is the hobgoblin of small minds. If so, Justice Scalia is in good shape. His argument last week in the FERC argument was totally inconsistent with his argument against the constitutionality of Obamacare. Both cases involve change in the incentives to enter a market in the first place. In the Obamacare case, …
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