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The Supreme Court just allowed a major climate lawsuit to go ahead
In a surprise decision late Friday, the Supreme Court cleared the way for Juliana v. US, a major lawsuit filed by young people against the US government for failing to limit the effects of climate change. The case may now go to trial in a lower court after the Supreme Court’s extremely unusual move last month to temporarily block the proceeding.
The case includes 21 plaintiffs between the ages of 11 and 22, who began testing the idea that a safe climate is a civil right when the suit was first filed in 2015. It argues that the US government pursued policies that harmed the climate, thereby robbing the children of a “climate system capable of sustaining human life.” As redress, they want the government to take action to fight climate change.
“The youth of our nation won an important decision today from the Supreme Court that shows even the most powerful government in the world must follow the rules and process of litigation in our democracy,” the plaintiffs said Friday in a statement. “We have asked the District Court for an immediate status conference to get Juliana v. US back on track for trial in the next week.”
A lower court ruled earlier this year the case could go to trial, and that trial was expected begin at the United States District Court in Oregon on Monday, October 29.
But then late last month, Supreme Court Chief Justice John Roberts issued a temporary stay of the case to consider a request from the Justice Department for a stay to halt the case. The Supreme Court’s temporary stay sent the plaintiffs scrambling to put together a brief in time to keep the case moving forward on schedule.
On Friday, the court denied the government’s request for a stay, though Justices Clarence Thomas and Neil Gorsuch would have granted the application, according to the court order. The Supreme Court also suggested that a federal appeals court should consider appeals on other grounds before the case heads to trial in district court.
The court, however, strongly suggests that interlocutory appeal of the district court's order on dispositive motions—in plain English, immediate appeal of some key legal questions before the trial—should happen. (Which would mean no trial unless that ruling is upheld on appeal.) pic.twitter.com/011vDPAucT
— Chris Geidner (@chrisgeidner) November 2, 2018
[...] For climate change activists, the courtroom is one of the few remaining options for enacting policies to limit greenhouse gases, as the White House scarcely acknowledges climate change and Congress remains deadlocked. The plaintiffs and the defendants in the children’s climate lawsuit will now prepare for trial, though a new date has not yet been set.
(Score: 5, Funny) by Anonymous Coward on Saturday November 03 2018, @09:43PM (2 children)
It is great that the children are leading the charge to force the government to combat climate change. Soon the government will have to enforce policies that reduce everyone's carbon footprint.
Like video games. Those aren't necessary, so they'll be banned. The children wanted the government to do what was necessary, so I'm sure they'll have no complaints. Music, too. We have enough music, and those guitars take up too much electricity.
Also, those horrible schools. Think of how much money could be diverted to combat climate change once the schools are closed. As well as no longer needing to heat or cool those big buildings. Yes, the schools are a sacrifice we must be willing to make to combat climate change. It's what the children wanted, after all.
Oh, and those big terrible mining machines use too much fossil fuel and put way too much pollution into the air. But we still need the materials beings mined... what to do... oh, I know! Since the children aren't in schools anymore, they can dig in the mines! We need to fight childhood obesity anyway. And to be sure none of the little darlings get lost in the mines, we'll chain them all together! Oh, the glorious future we will finally build for our dear children -- after all, they asked for it!
(Score: 1, Touché) by Anonymous Coward on Saturday November 03 2018, @09:58PM
Where is the Jonathan Swift moderation?
(Score: 2) by Gaaark on Sunday November 04 2018, @02:42AM
"Music, too. We have enough music, and those guitars take up too much electricity."
I can agree with this: I could certainly do without some of the music playing today. When Janet Jackson can get nominated to the FECKING rock and roll hall of fame!....! WTF?
Rock and roll, I guess, is dead now.
--- Please remind me if I haven't been civil to you: I'm channeling MDC. ---Gaaark 2.0 ---