Stephen Breyer

• Jonathan Zasloff
• April 19, 2011

Connecticut v. AEP: The Judicial Power of the Purse

That’s not my phrase: it’s Jerry Frug’s.  But it applies here. Rhead reports that in the Connecticut v. AEP argument, Justice Breyer, setting up one of his classic hypotheticals, wanted to know why a judge should not impose a $20-a-ton carbon tax as a judicial remedy.  (Answer: because he can’t.) It’s not clear to me …

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