Stories
Slash Boxes
Comments

SoylentNews is people

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


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 0, Troll) by VLM on Sunday November 04 2018, @02:08PM (22 children)

    by VLM (445) Subscriber Badge on Sunday November 04 2018, @02:08PM (#757606)

    1) The government does not exist to serve the people, the people exist to serve the government. Otherwise we'd get infinite lawsuits from everyone who ever died or was harmed or drafted into a war they didn't personally support. Other examples include anyone who ever came out behind, in their personal opinion, of any decision ever made by any government in history, such as because a bridge was built "too far away" from his existing gas station or whatever.

    2) No solutions have been promoted, merely virtue signalling has been proposed, so technically the government has not stood in the way of anti-climate change policy because none has been proposed yet. Its sort of like accusing Bill Clinton of rape or at least of supporting rape because he doesn't farm for social media karma on twatter whenever humanly possible (which would, per extremists, be all waking moments)

    3) Act of God clause seems to be an out in all cases. God created the Earth and predestined me to drive some kinda ridiculous SUV to starbucks, oppose my religious beliefs now? Someone merely having done something in the past does not imply 100% causality for everything that ever happened, so driving to starbucks once a long time ago can't be proven to have killed some dude in Hurricane Katrina. Otherwise you end up with ridiculous lawsuits where if the waitress at Dennys had merely smiled at Charles Manson a little more emphatically then he MIGHT not have gone on a serial killing career so that waitress is guilty of manslaughter and conspiracy by not smiling and wearing the proper 14 or 88 or whatever pieces of flair on her uniform.

    Starting Score:    1  point
    Moderation   -2  
       Flamebait=1, Troll=1, Total=2
    Extra 'Troll' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   0  
  • (Score: 2) by RandomFactor on Sunday November 04 2018, @03:04PM

    by RandomFactor (3682) Subscriber Badge on Sunday November 04 2018, @03:04PM (#757626) Journal

    1) The government does not exist to serve the people, the people exist to serve the government.

    Kindly do not shatter illusions created by reading old parchment.

    --
    В «Правде» нет известий, в «Известиях» нет правды
  • (Score: 3, Informative) by Azuma Hazuki on Sunday November 04 2018, @03:21PM (20 children)

    by Azuma Hazuki (5086) on Sunday November 04 2018, @03:21PM (#757634) Journal

    ...the very basis of the Constitution is that, yes, the government DOES exist to serve We the People. When you post shit like this you expose yourself even more for what kind of darkling you really are.

    --
    I am "that girl" your mother warned you about...
    • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @05:18PM (12 children)

      by Anonymous Coward on Sunday November 04 2018, @05:18PM (#757665)

      Just look at what people are saying congress will do if democrats get a majority in the house. Subpoena trumps taxes, open a kavanaugh investigation, investifate trumps blind trust, expand mueller investigation, give citizenship to caravans of people apparently planning on storming the border.

      None of that looks like serving the citizens of the US, it looks like a bunch of political infighting and scheming.

      • (Score: 1, Insightful) by Anonymous Coward on Sunday November 04 2018, @06:25PM (11 children)

        by Anonymous Coward on Sunday November 04 2018, @06:25PM (#757690)

        Weird qay to word "fighting corruption" and i highly doubt the entire caravan would be given asylum. "Storming the border", ah, so you are another one of the idiots who buys into FUD and wears auto-twisting panties.

        • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @07:12PM (10 children)

          by Anonymous Coward on Sunday November 04 2018, @07:12PM (#757701)

          Why else would they form a caravan? It makes it impossible to sneak across.

          • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @09:57PM (9 children)

            by Anonymous Coward on Sunday November 04 2018, @09:57PM (#757737)

            Sweet jesus you're dumb.

            Why else? Because it is easier and safer to travel in a group. These caravans have happened before, they apply for asylum or simple immigration, some get in and most don't.

            Keep sucking on the lollypop of fear, you are literally supporting the destruction of our country with your ignorance and tolerance / belief of liars.

            • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @10:00PM (8 children)

              by Anonymous Coward on Sunday November 04 2018, @10:00PM (#757740)

              Theyve happened before? So why have I never heard of a caravan until now?

              • (Score: 1, Insightful) by Anonymous Coward on Sunday November 04 2018, @10:44PM (7 children)

                by Anonymous Coward on Sunday November 04 2018, @10:44PM (#757761)

                Because you're not paying attention and the mainstream news never cared before. It simply is a good item right now to stoke GOP fears before the election. Dems pull the same shit but that doesn't excuse your mischaracterization of the current affairs.

                • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @11:00PM (6 children)

                  by Anonymous Coward on Sunday November 04 2018, @11:00PM (#757766)

                  So you have no examples of someone reporting about one of these caravans before 2017?

                  • (Score: 1, Touché) by Anonymous Coward on Sunday November 04 2018, @11:57PM (4 children)

                    by Anonymous Coward on Sunday November 04 2018, @11:57PM (#757785)

                    https://www.nytimes.com/2018/10/23/us/migrant-caravan-border.html [nytimes.com]

                    https://www.azcentral.com/story/news/politics/immigration/2018/10/16/another-migrant-caravan-headed-u-s-drawing-trump-ire-again/1663942002/ [azcentral.com]

                    https://www.foxnews.com/us/border-patrol-stops-caravan-of-128-illegal-immigrants-from-entering-us [foxnews.com]

                    https://www.nbcnews.com/news/latino/who-s-behind-migrant-caravan-drew-trump-s-ire-n862566 [nbcnews.com]

                    Abeja said this year's caravan is different from previous years and there is cause for concern, but not of the sort Trump raised in his tweets.

                    Abeja, who has been helping out with the caravans since 2013, said about 1,175 people were taking part in the caravan this year, with some fleeing gang violence in El Salvador and many more from Honduras than in previous years.

                    “About 80 percent of them are from Honduras," he said. "We have around 300 minors ranging from 1-month-old to 11-years-old. As of the rest of the people, we have about 20 youths who identify as LGBT and about 400 women."

                    Keep sucking down that FUD, it must taste good.

                    • (Score: 0) by Anonymous Coward on Monday November 05 2018, @12:34AM (3 children)

                      by Anonymous Coward on Monday November 05 2018, @12:34AM (#757793)

                      I asked for someone, anyone, reporting on these caravans before 2017. You give me reports from 10/23/2018, 10/16/2018, 8/22/2018, and 4/4/2018. So you have failed in your mission to find any earlier mentions of this.

                      However, there are claims in half of your sources that earlier caravans existed. But they were much smaller and "different":

                      1) The NY times article only refers to prior caravans from 2017.
                      2) The azcentral article references an earlier one that says caravans of a couple hundred people have been occurring for 10 years.
                      3) The fox news article doesnt seem to contain any reference to earlier caravans.
                      4) The nbc news article says someone has been leading caravans for 15 years, but no mention of how large they are, just that now it is "different".

                      • (Score: 0) by Anonymous Coward on Monday November 05 2018, @01:09AM (2 children)

                        by Anonymous Coward on Monday November 05 2018, @01:09AM (#757803)

                        ZOMG more people in this caravan! FREAK OUT! INVADERS ARE COMING LOCK UP YOUR WOMEN AND CHILDREN!

                        go fuck yourself and your nitpicky bullshit, obviously nothing will change your mind that you're being invaded and it is an actual problem for anyone but the border agents to worry about.

                        I'm tired of the xenophobic trash that inhabit my country.

                  • (Score: 2) by VLM on Monday November 05 2018, @12:58PM

                    by VLM (445) Subscriber Badge on Monday November 05 2018, @12:58PM (#757961)

                    Maybe this is the first one Soros paid for?

    • (Score: 2) by VLM on Monday November 05 2018, @12:59PM (6 children)

      by VLM (445) Subscriber Badge on Monday November 05 2018, @12:59PM (#757963)

      LOL thinking the PR campaign has any relation to the operations manual or that there's moral and ethical issues with pointing that out.

      • (Score: 2) by Azuma Hazuki on Tuesday November 06 2018, @05:21AM (5 children)

        by Azuma Hazuki (5086) on Tuesday November 06 2018, @05:21AM (#758394) Journal

        Have you ever actually sat down and read the Constitution? I may not have the entire thing memorized, but it occurs that I know a hell of a lot more of it than nearly anyone I run into, either online or in meatspace. If you will dismiss the very basis of the Constitution as a "PR campaign," you are no American, and I don't give a fuck if you were born here or not. Leave. Go somewhere better suited to your politics.

        --
        I am "that girl" your mother warned you about...
        • (Score: 2) by VLM on Tuesday November 06 2018, @12:28PM (4 children)

          by VLM (445) Subscriber Badge on Tuesday November 06 2018, @12:28PM (#758464)

          Sorry, we the mainstream now, LOL.

          • (Score: 2) by Azuma Hazuki on Tuesday November 06 2018, @04:19PM (3 children)

            by Azuma Hazuki (5086) on Tuesday November 06 2018, @04:19PM (#758558) Journal

            Okay, so you admit to being a traitorous anti-American element from within and you think the fact that there are a lot of you justifies shitting all over the very basis of our country. I reiterate: GTFO.

            --
            I am "that girl" your mother warned you about...
            • (Score: 2) by VLM on Wednesday November 07 2018, @12:33PM (2 children)

              by VLM (445) Subscriber Badge on Wednesday November 07 2018, @12:33PM (#758924)

              shitting all over the very basis of our country

              Cotton plantations? Only white males get to vote? JIm Crow laws? You seem strangely ultra conservative sometimes.

              • (Score: 2) by Azuma Hazuki on Wednesday November 07 2018, @04:33PM (1 child)

                by Azuma Hazuki (5086) on Wednesday November 07 2018, @04:33PM (#759025) Journal

                No, you hellbound hypocrite: the Constitution. What does your Amazon bill look like for halogen bulbs every week with that level of projection? Point still stands: you don't like the Constitution, fuck off to another country that does things your way. One of the backwaters in the poorer parts of Romania or Hungary sounds like it'd fit you pretty well.

                --
                I am "that girl" your mother warned you about...
                • (Score: -1, Troll) by Anonymous Coward on Wednesday November 07 2018, @11:48PM

                  by Anonymous Coward on Wednesday November 07 2018, @11:48PM (#759221)

                  you don't like the Constitution

                  Well, since you vote democrat/republican, you obviously don't either. Funny how that works. And the projection? Well! Say no more. Say no more...

                  But we gotta admit, you're fun to watch. Your reactions to the occasional potshot are priceless! Keeps things lively around here. You draw a big crowd, you and that aristo-yahoo guy, whatever his name is. You guys do ok for street performers... You probably could monetize the act, if you aren't already.