The Senate will vote Thursday on Alaska Republican Sen. Lisa Murkowski’s S.J. Res. 26, which would forestall the EPA’s efforts to give itself authority to impose sweeping new regulations on greenhouse gases. U.S. code lays out Congress’s power to review new rules promulgated by federal agencies to enforce existing laws. Congress can overturn these rules by issuing a “joint resolution of disapproval.”

In the Senate, such resolutions are privileged and thus not subject to filibuster. S.J. Res. 26 already has 41 cosponsors, including three Democrats. A fourth, Sen. Jay Rockefeller (D., W.V.) is heavily leaning toward supporting the measure. But even if the resolution gathers enough additional Democratic votes to pass and makes it to the president’s desk, the Obama administration announced today that it will likely face a veto.

This latest wrinkle adds a level of boldness to the Executive’s blatant attempt to circumvent separation of powers and legislate from the White House. Even if administration can’t goad enough Democrats in Congress to yield their constitutional authority to the EPA; even if they cannot pass a version of Kerry-Lieberman, the White House will have its cap-and-trade. One way or another.

Stay tuned to Planet Gore for updates.