“We are going to have to be thinking of any bill, can it pass constitutional muster,” Rabe said during an October 15 Brookings Institution event. According to the Inside EPA/Climate article, he suggested tax policies are relatively impervious to court scrutiny and argued a carbon tax is less vulnerable in court than other possible climate initiatives.
“Governments can tax, governments can spend . . . courts really don’t go there,” Rabe added.
Read the full Inside EPA/Climate article here.