Exxon and Suncor claim that their clients should be immune from this suit, not because any particular provision of the Constitution grants them immunity, but because state courts are forbidden from hearing climate change lawsuits under something called the “structure of the Constitution.” The oil companies claim that there’s a rule against many state environmental suits buried somewhere in this “structure,” even though it cannot be found in the Constitution’s text.
This is a “pasta test”.
They throw something against the wall to see if it sticks. They’re thinking: “With this SCOTUS, nonsense sometimes works, so try anything.”
Sometimes? 😬
With enough money it was always a part of the constitution.