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- Sep 28, 2009
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The Supreme Court stayed the implementation of the CPP until the DC Circuit Court of Appeals issues a ruling on the merits and the case is either subsequently granted or denied cert. There is no distinct position one can gather of the merits of the case from that alone (except that the 5 Justices who issued the stay MAY be skeptical of its legality).
Moreover, without having an opinion to critique (most likely regarding Administrative agency power and statutory interpretation), we can't criticize Scalia's jurisprudence on the specific issue since he didn't survive to rule on it.
Also, I'll again assert that it's very unlikely Scalia will be remembered as a monster (you compare him to Kissinger, Cheney, and Bush; all three are unlikely to be considered 'monsters'). Most Americans can't name a single justice on the SCOTUS; let alone rank an all-time worst justice list. Historians rarely vilify individual justices of the Supreme Court, and when they do, it's usually issue specific criticism.
Historians will likely vilify the individuals most responsible for the coming climate crisis. Scalia will be in that group. Leading the way on citizens united (which might as well have been called "The Oligarchy act") which effectively prevented any last minute action the U.S. could have taken on the issue will be remembered with outrage.