President Obama travels to Stamford, Conn., today to campaign for Attorney General Richard Blumenthal, who's running for the U.S. Senate.
Wonder if either one will refer to Connecticut v. American Electric Power, the Blumenthal-led suit that claimed electric utilities created a public nuisance through their greenhouse gas emissions. Last September the Second Circuit found for the states, and Blumenthal touts the case on his campaign site as an example of his "standing up to polluters."
But the Obama Administration wants the Second Circuit's ruling thrown out, which is to say, wants Blumenthal to lose. In a brief filed by the Solicitor General on behalf of the Tennessee Valley Authority, the Administration called for the Supreme Court to vacate the circuit court's ruling and remand the case for further proceedings. (More on the brief from Jonathan Adler at Volokh.)
The President and AG will avoid mentioning the dispute, no doubt, but wouldn't a frank acknowledgment be refreshing? "Vote for my friend, Richard Blumenthal! He's wrong on the law, and my Administration is fighting him in the Supreme Court, but otherwise, he's OK by me."
UPDATE (Friday): Nope. President Obama made no mention of the litigation. He gave a populist address, Blumenthal standing up for the little guy, with a heavy dose of class warfare. To wit:
Now, Connecticut, let's face it, this decision in this election should be a no-brainer. (Laughter.) Right? (Applause.) I mean, it should be. Should be a no-brainer. Here you've got a man who's been fighting for the people of Connecticut since the day he walked into the attorney general's office. He's got the record to prove it. He's taken on the tobacco industry and helped stop those companies from targeting our kids. He's taken on utility companies to try to beat back electricity rate increases and skyrocketing costs of heating oil. He's taken on the auto industry to help keep family dealerships open that have been around for almost a century.