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posted by martyb on Saturday November 03 2018, @08:09PM   Printer-friendly
from the cool-it dept.

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.

Also at TheHill and Reuters


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  • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @01:23PM (17 children)

    by Anonymous Coward on Sunday November 04 2018, @01:23PM (#757593)

    "Real economy" can be used to describe the conditions of the working class. The GDP is skyrocketing, but the trickle-down theory is a monumental failure. The working class is seeing none of the increasing amount of wealth they are producing. Only when the working class takes control of the means of production can they ensure that they will be able to benefit from automation. The international working class is the only social force that is capable of addressing climate change.

    When the working class gains the political authority to ensure the wealth created by its toils benefits itself, the economic situation of the vast majority of people improves. Only when people are able to earn a living wage and enjoy the fruits of their labor, do they begin to see that climate change is something that we do have the resources to address.

    (Climate change is a global problem and requires a global response. Stalinism and Maoism, for example, are just as incapable of addressing climate change as unfettered capitalism.)

  • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @01:46PM (16 children)

    by Anonymous Coward on Sunday November 04 2018, @01:46PM (#757602)

    I know 4 people at the working class level who after years of the same suddenly got better jobs and/or raises last year. So not seeing this personally.

    • (Score: 3, Informative) by Azuma Hazuki on Sunday November 04 2018, @03:17PM (15 children)

      by Azuma Hazuki (5086) on Sunday November 04 2018, @03:17PM (#757630) Journal

      n = 4 is a very, very small sample, and a convenience sample at that, when p ~= 330,000,000. I'm surprised someone on this site of all places would say something like that...

      --
      I am "that girl" your mother warned you about...
      • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @05:04PM (14 children)

        by Anonymous Coward on Sunday November 04 2018, @05:04PM (#757661)

        Unfortunately, its not anecdotes vs large samples. Instead we are dealing with real people vs massaged statistics, in which case the anecdotes do carry more weight. Really, Im giving a benefit of the doubt that the stats even exist and am responding to someone just claiming something is true.

        • (Score: 2) by Azuma Hazuki on Sunday November 04 2018, @05:10PM (13 children)

          by Azuma Hazuki (5086) on Sunday November 04 2018, @05:10PM (#757662) Journal

          Yes? And I've seen *dozens* of people, mainly friends of mine from 5 and 10 years ago, who are doing much worse. So by your logic, my anecdata carries at least 4-6 times the weight of yours. Suck it, Trebek!

          --
          I am "that girl" your mother warned you about...
          • (Score: -1, Flamebait) by Anonymous Coward on Sunday November 04 2018, @05:21PM (12 children)

            by Anonymous Coward on Sunday November 04 2018, @05:21PM (#757667)

            Sure, if I considered you a trustworthy source it would count for more than my own anecdotes.

            • (Score: 2) by Azuma Hazuki on Sunday November 04 2018, @05:41PM (11 children)

              by Azuma Hazuki (5086) on Sunday November 04 2018, @05:41PM (#757677) Journal

              Ah, got it, another human Klein bottle. You are everything wrong with society's approach to statistics and and its deification of opinion over fact. People like you are why we're all in this mess.

              --
              I am "that girl" your mother warned you about...
              • (Score: -1, Offtopic) by Anonymous Coward on Sunday November 04 2018, @05:51PM (10 children)

                by Anonymous Coward on Sunday November 04 2018, @05:51PM (#757680)

                Ha, in my experience Im probably one of the extremely few people who actually comprehends what a p-value means... which puts me in 99th percentile at least in understanding how to interpret stats.

                • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @06:20PM (9 children)

                  by Anonymous Coward on Sunday November 04 2018, @06:20PM (#757687)

                  Yet you ude 4 people getting jobs as a measure of the whole economy. Yaaaa

                  • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @07:08PM (8 children)

                    by Anonymous Coward on Sunday November 04 2018, @07:08PM (#757700)

                    Where did I do that? I said Ive seen no personal evidence for the claims of a worsening economic situation for the working class. Sounds like yet another strawman to me.

                    • (Score: 2) by Azuma Hazuki on Sunday November 04 2018, @08:40PM (7 children)

                      by Azuma Hazuki (5086) on Sunday November 04 2018, @08:40PM (#757722) Journal

                      Yeah, it's hard to see when your head's so far up your ass you can see your grandpa's last meal all the way down in Hell.

                      --
                      I am "that girl" your mother warned you about...
                      • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @10:07PM (6 children)

                        by Anonymous Coward on Sunday November 04 2018, @10:07PM (#757744)

                        Ok, well I encourage you keep trusting biased and massaged stats over your own eyes.

                        • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @10:42PM (5 children)

                          by Anonymous Coward on Sunday November 04 2018, @10:42PM (#757760)

                          Hey dummy, she already gave you anecdotal evidence same as you shared.

                          #payattention

                          • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @10:57PM (4 children)

                            by Anonymous Coward on Sunday November 04 2018, @10:57PM (#757764)

                            Clearly you cant follow the point of that post. It was to dismiss anecdotal evidence.

                            • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @11:51PM (3 children)

                              by Anonymous Coward on Sunday November 04 2018, @11:51PM (#757783)

                              Nope I followed, I just wanted to point out that while she was telling you anecdotal evidence is not a good way to analyze complex situations she also included anecdotal evidence that contradicted yours.

                              I know this is a complex topic you've already made your mind up about but really now? Prove stats are biased! Just throwing out such claims shows you to be yet another propaganda spewing moron that can't think for yourself. That is the hallmark, reject actual evidence for *reasons* and believe what you're told by The One True Outlet.

                              Pffft, intellectual dishonesty is pretty bad.

                              • (Score: 0) by Anonymous Coward on Monday November 05 2018, @12:14AM (2 children)

                                by Anonymous Coward on Monday November 05 2018, @12:14AM (#757788)

                                she also included anecdotal evidence that contradicted yours.

                                Sure, and I responded that if I considered her a reliable source I would be taking that into account. Unfortunately neither of us is going to consider the other a reliable source for this info so its kind of moot. I also note that her anecdotes were decrease in quality of life from 5-10 years ago rather than in the last two years. Id say even with the raises and new jobs all the people I am talking about probably worse off than people in similar situations 5-10 years ago.

                                It is going to take a bit to recover from the 2008-2016 "ZIRP" handout to the rich insiders. We probably will need to see a real estate and stock market "crash" to make things affordable again by counteracting the phenomenon of wages lagging inflationary price increases: https://fred.stlouisfed.org/series/fedfunds [stlouisfed.org]

                                • (Score: 0) by Anonymous Coward on Monday November 05 2018, @12:55AM

                                  by Anonymous Coward on Monday November 05 2018, @12:55AM (#757801)

                                  Recent Ron Paul on this: https://www.youtube.com/watch?v=q-Xs_3Nn1eM [youtube.com]

                                • (Score: 2) by Azuma Hazuki on Tuesday November 06 2018, @05:13AM

                                  by Azuma Hazuki (5086) on Tuesday November 06 2018, @05:13AM (#758392) Journal

                                  It's been getting *steadily worse* for them is my fucking point. The amount of projection from you is incredible. I think this site has done more to confirm my darkest suspicious about the bulk of humanity than anything else except for the anti-human-trafficking stuff I've done. Seriously, just waddle off with your occiput up around your ileo-cecal valve and stop getting in the way of adults trying to have a discussion.

                                  --
                                  I am "that girl" your mother warned you about...