In a 5-4 decision where the Supreme Court temporarily hindered a Biden Administration policy to mitigate cross-state smog, Justice Neil Gorsuch's opinion glaringly misnamed the gas.
"Justice Gorsuch's opinion refers five times to 'nitrous oxide' (aka laughing gas) rather than the entirely different chemical compound -- smog-causing "nitrogen oxides" -- actually at issue in the case," reads a tweet posted by Sean Donahue.
In one paragraph alone, the gas was mentioned twice.
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When mentioning a Federal Implementation Plan to enforce the reduction of ozone emissions — Gorsuch's opinion reads: "in particular: nitrous oxide... And it sought to impose nitrous oxide emissions-control measures that 'maximized cost-effectiveness' in achieving 'downwind ozone air quality improvements.'"
The very next paragraph, Gorsuch blundered again and again.
"First, the agency identified various emissions-control measures and, using nationwide data, calculated how much each typically costs to reduce a ton of nitrous-oxide emissions," according to the opinion. "Next, the agency sought to predict how much each upwind State’s nitrous-oxide emissions would fall if emissions-producing facilities in the State adopted each measure."
Indeed, the document published on Thursday mentions the wrong gas.
Inhalation of nitrogen oxides in its pure gas form "is rapidly fatal."
But nitrous oxide, also known as "laughing gas," is the "least potent inhalational anesthetic."
The decision delivers a win for three Republican-led states: Indiana, Ohio, and West Virginia.
It also buoys steel and fossil fuel companies who convinced the majority to pause the plan instituted by the Environmental Protection Agency (EPA) calling it unfeasible and potentially illegal as it would force them to upgrade their infrastructure to the tune of billions to cut pollution.
Last year, the EPA had attempted to enforce a rule that would have forced power plants and other creators of ozone in several states with unsatisfactory emission-reduction levels — where pollutants can travel hundreds of miles across the country — to abide by the "Good Neighbor" provision of the Clean Air Act.
Going along with Gorsuch (typos and all) were Chief Justice John Roberts, Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh.
Justice Amy Coney Barrett’s dissent was supported by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
The justice's typos were met with lots of lampooning.
MSNBC anchor Chris Hayes fired off: "YIKES! Don’t wanna be the clerk that worked on that. Oof."
"Clerk watching too much Fast and Furious," reads a tweet by EastCoastCheeseHead, referring to the smash hit street racing movie series.
@lumberqueue further explains that you can't put a premium on copy editors, writing: "Is proofreading included in the gratuity?"
"A power plant that gave off nitrous oxide would be awesome, TBF," @WordOfScott wrote.
And @IvanTheK wonders: "Does Justice Gorsuch not proofread his work??? How many clerks will lose their jobs?"
