my small cadre of fellow climate law nerds already gave up on the Supreme Court when Kavanaugh was seated. It seemed pretty obvious that eventually a climate case would wind up in front of those judges and it would fail. BUT, here's the thing...
so far there's been very little disagreement between circuits on the climate liability cases. and the smart thing about filing in state court is that if/when a case does get to the Supreme Court the conservatives will be hard pressed to rule against states' rights.
There's also a very real possibility that a new government might shake things up with the structure of the court. Yes, I'm talking about adding justices... Dems have *been* talking about it for a while. and the GOP has been on the court warpath forever, so... yeah.
Anyway, maybe because I saw that whole cycle of despair and then resilience play out, I'm a little less "the supreme court is lost forever" this week. LOTs of cases have been filed post-Kavanaugh (there are almost 25 now), and people are still fighting.
I wrote about the wave of cases ... and why there's such a dearth of media coverage on them in this week's @RealHotTake if you need to catch up: https://realhottake.substack.com/ 
Also... we have GOT to stop pinning all our hopes on one person, and on the flip side of that equation taking on the mantle of solo savior. It never, ever ends well and it never will.
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