Today's Senate vote means that Obama owns carbon regulation 

President Obama's threats last year to the Congress -- enact carbon caps, or I'll regulate carbon myself -- still perhaps gave him a small window of denial. He directed Congress to pass cap-and-trade because, in its absence, the EPA would otherwise have little choice but to regulate carbon dioxide under the Clean Air Act.

Obama's bullying may have had the feel of, "Nice economy, I'd hate to see something happen to it." But he was still able to present the issue as if his hands were tied, thanks to a 2007 Supreme Court decision, decided 5-to-4, which would have opened the EPA up to huge lawsuits if it failed to regulate carbon.

With today's bipartisan 50-50 Senate vote to undo EPA's carbon regulations, though, the administration has no more wiggle room. If Obama ever wanted to leave regulation of carbon to the Congress, there is enough support in Congress for Vice President Biden to cast the tie-breaking vote. If there was ever any window for Obama could avoid responsibility for his EPA's actions, it is now gone.

About The Author

David Freddoso

David Freddoso came to the Washington Examiner in June 2009, after serving for nearly two years as a Capitol Hill-based staff reporter for National Review Online. Before writing his New York Times bestselling book, The Case Against Barack Obama, he spent three years assisting Robert Novak, the legendary Washington... more
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