In 2006, VWengineersrealised that a newdieselenginethey had designed would not be powerfulenoughto satisfy car owners and notgreenenough to pass muster with regulators.
That raises the possibility that he will write a middling decision striking down preferences in the case at hand but leave open the possibility that they would passmuster under other circumstances.
To those who insist that no reform will occur if the leverage of an election is squandered, the response should be, if the changes being sought are needed and appropriate, there is every reason to expect that they will passmuster in a more deliberative environment.