The Justice Department's Opposition to Certiorari Isn't Mentioned in the Merits Briefing.

Justice Department opposes certiorari. The Justice Department raises no jurisdictional concerns in its brief. It has a brief mention that well, this might be an advisory opinion because the Clean Power Plan is outdated. But never does the Solicitor General suggest what is the obvious way to handle that problem and ask for vacate and remand. Since then, that would be the routine thing to do but not mentioned in the cert stage brief.