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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: 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.

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  • (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) on Monday November 05 2018, @12:58PM (#757961)

              Maybe this is the first one Soros paid for?