Self-delete. (kpete is already on the case!)
In his (predictable) dissent over the recent EPA win at the Supreme Court, Scalia wrote that this was not the first time that the EPA had asked to consider costs in setting Air Quality Standards, citing a 2001 case Whitman v. American Trucking Assn.
But the truth of the matter is that in the 2001 case the EPA was, in fact, arguing the other side of the issue. It was the Trucking Association that wanted costs factored into any Air Quality calculations, contrary to the desires of the EPA.
That decision was ultimately decided in a 9-0 ruling in favor of the EPA. And the author of the decision which Scalia completely mischaracterized? None other than Nino himself. And this is supposed to be the smart conservative!
(At this point I might ordinarily wonder what a dumb conservative sounds like, but until Sarah Palin learns to keep her mouth shut the answer to that remains blindingly obvious.)
