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It heavily depends on what kind of creative interpretations of the law you think are reasonable.

Democrats often go for “creative” interpretations that fit the existing legal framework just fine. Defining CO2 as pollution is upsetting for what it does but is within the spirit of what the law was intended and fits what it actually says just fine. Much of the civil rights movement operated on such principles because the laws where on the books it was the systems that didn’t keep up.

Republicans tend to find creative interpretations that depend on ill defined principles like executive power or corporate personhood which have about as much to do with the actual law as sovereign citizens and are open to unlimited abuse.

Failing to differentiate between each type of interpretation misses the inherent limitations of the first type.

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