The Minnesota March for Science was held in St. Paul in April of 2017. (Photo: Lorie Shaull/Flickr/cc)
'Disgraceful and Enraging': Supreme Court Halts Youth Climate Case After Last-Ditch Trump Effort to Kill Suit
"A newly configured Supreme Court seems poised to close the courthouse doors. But the tide of #ClimateAction cannot be stopped."
In a move author and activist Naomi Klein denounced as "disgraceful and enraging," the U.S. Supreme Court has halted a lawsuit brought by 21 American children and young adults that aims to hold the federal government accountable for its ongoing failure to adequately curb greenhouse gas emissions to battle the global climate crisis.
The decision came in response to a last-ditch effort by the Trump administration to kill the "potentially landmark" case ahead of the trial slated to begin in the U.S. District Court for the District of Oregon on Oct. 29.
The case has been tied up in the legal system for three years. Just this week, District Court Judge Ann Aiken reaffirmed that the youth plaintiffs can credibly claim that the government has violated their due process rights. The Supreme Court, however, stayed discovery and the trial in an order (pdf) issued Friday, demanding a response from the plaintiffs' legal counsel by Wednesday afternoon.
Michael Gerrard, director of Sabin Center for Climate Change Law at Columbia, called the move "highly unusual" and "reminiscent of their stay of the Clean Power Plan."
Farron Cousins, a radio host and executive editor of The Trial Lawyer magazine, tied the development to the upcoming midterms, tweeting:
While the high court's one-page order provoked public outrage, Julia Olson of Our Children's Trust, co-counsel for the youth plaintiffs, remained optimistic and said the team plans to file their reply on Monday.
"We are confident once Chief [John] Justice Roberts and the full court receive the youth plaintiffs' response to defendants' mischaracterization of their case, the trial will proceed," she said. "As the Supreme Court has recognized in innumerable cases, review of constitutional questions is better done on a full record where the evidence is presented and weighed by the trier of fact. This case is about already recognized fundamental rights and children's rights of equal protection under the law."
As E&E News noted, "Roberts' action came hours after Jeffrey Wood, a top political appointee at the Department of Justice, said there is no such right. Speaking at a law conference in San Diego, Wood said the right to a safe climate that the plaintiffs demand 'simply does not exist,' adding that the government is still preparing for trial."
Several observers pointed out that the Supreme Court had previously allowed the case to proceed, back before the contentious new Justice Brett Kavanaugh replaced now-retired Anthony Kennedy. Environmental attorney Jeffrey Gracer remarked: "A newly configured Supreme Court seems poised to close the courthouse doors. But the tide of #ClimateAction cannot be stopped."
FINAL DAY! This is urgent.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just hours left in our Spring Campaign, we're still falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
In a move author and activist Naomi Klein denounced as "disgraceful and enraging," the U.S. Supreme Court has halted a lawsuit brought by 21 American children and young adults that aims to hold the federal government accountable for its ongoing failure to adequately curb greenhouse gas emissions to battle the global climate crisis.
The decision came in response to a last-ditch effort by the Trump administration to kill the "potentially landmark" case ahead of the trial slated to begin in the U.S. District Court for the District of Oregon on Oct. 29.
The case has been tied up in the legal system for three years. Just this week, District Court Judge Ann Aiken reaffirmed that the youth plaintiffs can credibly claim that the government has violated their due process rights. The Supreme Court, however, stayed discovery and the trial in an order (pdf) issued Friday, demanding a response from the plaintiffs' legal counsel by Wednesday afternoon.
Michael Gerrard, director of Sabin Center for Climate Change Law at Columbia, called the move "highly unusual" and "reminiscent of their stay of the Clean Power Plan."
Farron Cousins, a radio host and executive editor of The Trial Lawyer magazine, tied the development to the upcoming midterms, tweeting:
While the high court's one-page order provoked public outrage, Julia Olson of Our Children's Trust, co-counsel for the youth plaintiffs, remained optimistic and said the team plans to file their reply on Monday.
"We are confident once Chief [John] Justice Roberts and the full court receive the youth plaintiffs' response to defendants' mischaracterization of their case, the trial will proceed," she said. "As the Supreme Court has recognized in innumerable cases, review of constitutional questions is better done on a full record where the evidence is presented and weighed by the trier of fact. This case is about already recognized fundamental rights and children's rights of equal protection under the law."
As E&E News noted, "Roberts' action came hours after Jeffrey Wood, a top political appointee at the Department of Justice, said there is no such right. Speaking at a law conference in San Diego, Wood said the right to a safe climate that the plaintiffs demand 'simply does not exist,' adding that the government is still preparing for trial."
Several observers pointed out that the Supreme Court had previously allowed the case to proceed, back before the contentious new Justice Brett Kavanaugh replaced now-retired Anthony Kennedy. Environmental attorney Jeffrey Gracer remarked: "A newly configured Supreme Court seems poised to close the courthouse doors. But the tide of #ClimateAction cannot be stopped."
In a move author and activist Naomi Klein denounced as "disgraceful and enraging," the U.S. Supreme Court has halted a lawsuit brought by 21 American children and young adults that aims to hold the federal government accountable for its ongoing failure to adequately curb greenhouse gas emissions to battle the global climate crisis.
The decision came in response to a last-ditch effort by the Trump administration to kill the "potentially landmark" case ahead of the trial slated to begin in the U.S. District Court for the District of Oregon on Oct. 29.
The case has been tied up in the legal system for three years. Just this week, District Court Judge Ann Aiken reaffirmed that the youth plaintiffs can credibly claim that the government has violated their due process rights. The Supreme Court, however, stayed discovery and the trial in an order (pdf) issued Friday, demanding a response from the plaintiffs' legal counsel by Wednesday afternoon.
Michael Gerrard, director of Sabin Center for Climate Change Law at Columbia, called the move "highly unusual" and "reminiscent of their stay of the Clean Power Plan."
Farron Cousins, a radio host and executive editor of The Trial Lawyer magazine, tied the development to the upcoming midterms, tweeting:
While the high court's one-page order provoked public outrage, Julia Olson of Our Children's Trust, co-counsel for the youth plaintiffs, remained optimistic and said the team plans to file their reply on Monday.
"We are confident once Chief [John] Justice Roberts and the full court receive the youth plaintiffs' response to defendants' mischaracterization of their case, the trial will proceed," she said. "As the Supreme Court has recognized in innumerable cases, review of constitutional questions is better done on a full record where the evidence is presented and weighed by the trier of fact. This case is about already recognized fundamental rights and children's rights of equal protection under the law."
As E&E News noted, "Roberts' action came hours after Jeffrey Wood, a top political appointee at the Department of Justice, said there is no such right. Speaking at a law conference in San Diego, Wood said the right to a safe climate that the plaintiffs demand 'simply does not exist,' adding that the government is still preparing for trial."
Several observers pointed out that the Supreme Court had previously allowed the case to proceed, back before the contentious new Justice Brett Kavanaugh replaced now-retired Anthony Kennedy. Environmental attorney Jeffrey Gracer remarked: "A newly configured Supreme Court seems poised to close the courthouse doors. But the tide of #ClimateAction cannot be stopped."