美国2010年 Roberts Court Docket No. 10-174案件的庭审笔录.pdf

Docket No. 10-174 Decided By Roberts Court (2010- ) ORAL ARGUMENT OF PETER D. KEISLER ON BEHALF OF THE PETITIONERS Chief Justice John G. Roberts: Well hear argument today in Case 10-174, American Electric Power Company v. Connecticut, et al.-- Mr. Keisler. Mr. Keisler: Mr. Chief Justice and may it please the Court: This is a case in which the courts are being asked to perform a legislative and regulatory function in a matter in which the necessary balancing of contending policy interests is among the most complex, multifaceted, and consequential of any policy issue now before the country. The States ask that the courts assess liability and design a new common law remedy for contributing to climate change, and to do so by applying a general standard of reasonableness to determine for each defendant, in this case and in future cases, what, if any, its share of global reductions in greenhouse gas emissions ought to be. That would require the courts not to interpret and enforce the policy choices placed into law by the other branches, but to make those policy choices themselves. And all of our arguments here -- that plaintiffs lack standing, that the Federal common law shouldnt be expanded to include this new cause of action, and that the case presents nonjusticiable political questions -- while all of them represent distinct points, All of them flow from the same basic separation of powers principles that establish, we believe, that the case ought to be dismissed. Chief Justice John G. Roberts: I think thats-- Mr. Keisler: Now, all of these issues-- Chief Justice John G. Roberts: --Thats exactly one thing thats concerned me. They do all flow from the same basic argument, and Im concerned why you think we should focus on prudential standing, basically, which cuts off our jurisdiction at our own whim, as opposed to dealing with this on the merits. Mr. Keisler: --Well-- Chief Justice John G. Roberts: In either case, your argument is th