On February 9, the Supreme Court granted applications for a stay of the Clean Power Plan until the conclusion of the currently pending case in the D.C. Circuit and the conclusion of any review of the D.C. Circuit’s decision by the Supreme Court. The five conservative justices (Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Alito) voted for the stay, while the four liberal justices (Justices Ginsberg, Breyer, Sotomayor and Kagan) voted against. No information was given as to the Court’s rationale.

Four days later, Justice Antonin Scalia, a cornerstone of the conservative wing of the Supreme Court and one of the five justices who voted for the stay, passed away, leaving the Court evenly divided. Much has been said and written about the process of nominating   MORE >