Finding a likelihood the plaintiffs would succeed on First Amendment grounds, these courts’ decisions to enjoin the orders have heretofore prevented enforcement of the order.Prevailing arguments in the lower courts have controversially included those based on statements made by the president and his surrogates while on the campaign trail as to his motivation for issuing the ban.However, this does mean they’ll sell 4,500 electric cars and trucks, as most ZEVs generate more than one credit per vehicle (see below).Automakers earn credits by selling zero emission cars and trucks.
We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated, as specified in this opinion.[T]he injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all.
Battery electric and fuel cell vehicles receive between 1 and 4 credits, based on range.
For example: the Tesla Model S, which boasts a range of more than 200 miles, is eligible for 3.3 credits, while the 84-mile range Nissan Leaf is credited at 1.8 ZEV credits per car sold.
Arguments are expected to be heard when the Court reconvenes in October.
Attorney from the American Civil Liberties Union and the National Immigration Law Center are expected to face off against a government team now led by acting Solicitor General Jeffery Wall.