Lyle Denniston and the AP report on today’s oral argument in American Electric Power v. Connecticut. Neither suggests the state and environmentalist plaintiffs have much chance of prevailing, as even the Court’s most liberal justices seemed skeptical of the arguments in favor of letting these lawsuits proceed, though it is unclear what rationale will attract a majority of the Court. Wrote Denniston: “this particular lawsuit seemed doomed, with the Court’s biggest task figuring out how to say so without shutting the courthouse door entirely to such claims.”
I’ll have comments of my own once I’ve reviewed the transcript (which will be released later today). My preview of the case from last night is here.