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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Julia Olson, julia@ourchildrenstrust.org
Andrea Rodgers, andrea@ourchildrenstrust.org
Philip Gregory, pgregory@gregorylawgroup.com
Members of the U.S. Senate and the House of Representatives have expressed their support for the fundamental rights of children to a safe climate and the young Americans in the landmark children’s constitutional climate case, Juliana v. United States. On June 1, 2023, U.S. District Court Judge Ann Aiken, of the U.S. District Court in Oregon, granted the young plaintiffs’ motion to amend their complaint, putting their case back on track to trial after almost eight years of unprecedented efforts by the U.S. Department of Justice (DOJ) to delay or dismiss their case.
Following the ruling, members of Congress demonstrated public support and this week they joined a Tweetstorm to continue to show their commitment to the youth, their rights to a safe, livable climate, and their right to go to trial. The Juliana case was one of the most significant targets of the Trump administration’s “shadow docket” - a tactic wherein cases are decided without full briefing or oral argument, and without any written opinion.
Senator Jeff Merkley (D-OR), Chairman of the Senate Interior, Environment, and Related Agencies Appropriations Subcommittee and Chairman of the Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Environment and Public Works Subcommittee, shared, “BIG NEWS: The #YouthVGov case will finally proceed to trial! This remarkable group of young people who are demanding their right to a healthy planet and future have my full support.” Read his June 3, 2023, tweet here and June 6, 2023, tweet here.
“Twenty-one youth have waited almost eight years to get a ruling on their lawsuit demanding their constitutional right to a safe climate be protected. And yesterday, we welcomed news that they are finally being granted their right to go to trial,” said Congresswoman Jan Schakowsky (IL-09), a Chief Deputy Whip and Ranking Member on the House Innovation, Data, and Commerce Energy and Commerce Subcommittee. “These young people have taken on incredible responsibility to protect our environment. I will continue to work with my colleagues in Congress to support them as they continue their fight to protect the right of all to a safe and habitable climate. Our children and grandchildren should not have to fear for the future of their environment and our world as we know it.” Read her June 2, 2023, press statement here and tweet here.
“Today, I'm proudly standing with @youthvgov + Juliana plaintiffs as they fight to protect their constitutional right to a safe climate. Let's get climate justice out of the shadows & off the shadow docket,” stated Congresswoman Veronica Escobar (TX-16), member of the Judiciary Committee and Deputy Whip of the Congressional Progressive Caucus. Read her June 6, 2023, tweet here.
For additional statements of support, including from Senators Whitehouse and Wyden and Congressmembers Jayapal and Tlaib, visit the Juliana statements of support page.
“I’m excited that our case is finally moving forward and grateful that members of Congress continue to support children’s fundamental rights for youth, like me and my little sister,” said 15-year-old Levi Draheim, youngest plaintiff in the Juliana case. Learn more about Levi and the other 20 Juliana plaintiffs here.
Since the case was filed in 2015, more than 85 lawmakers have rallied behind the Juliana youth and their right to a safe climate. They joined U.S. Senate and House letters in November 2021 to President Biden expressing support for the fundamental rights of children to a safe climate. Members stood with the Juliana plaintiffs by cosponsoring the Children’s Fundamental Rights and Climate Recovery Resolution introduced during the 116th and 117th Congress (S.Con.Res.8 & H.Con.Res.31) expressing that the current climate crisis disproportionately affects the health, economic opportunity, and fundamental rights of children, and demands that the United States develop a national, comprehensive, science-based, and just climate recovery plan to meet necessary emissions reduction targets. They also signed on to two 2019 and 2020 amicus briefs filed in the Ninth Circuit.
“Attorney General Garland should treat this like the urgent constitutional case that it is by litigating the case on its merits and presenting their arguments in the light of day at trial, rather than once again seeking to push this case into the dark corners of the shadow docket,” said Julia Olson, lead counsel for the youth plaintiffs. “Members of Congress who continue to stand in solidarity with these 21 young Americans are sending a clear and urgent message to all of our nation’s leaders to protect our children’s fundamental rights to a safe climate.”
Plaintiffs intend to seek a prompt trial date so that they and their experts can finally present their evidence of their government’s active infringement of their constitutional rights.
Our Children's Trust is a nonprofit organization advocating for urgent emissions reductions on behalf of youth and future generations, who have the most to lose if emissions are not reduced. OCT is spearheading the international human rights and environmental TRUST Campaign to compel governments to safeguard the atmosphere as a "public trust" resource. We use law, film, and media to elevate their compelling voices. Our ultimate goal is for governments to adopt and implement enforceable science-based Climate Recovery Plans with annual emissions reductions to return to an atmospheric carbon dioxide concentration of 350 ppm.
"Mifepristone is safe and effective, and women should be able to get abortion medication through the mail or telehealth if they need," said Sen. Patty Murray.
Defenders of reproductive rights, including key Democrats in Congress, reiterated the safety of mifepristone on Monday after the US Supreme Court temporarily extended access to the medication—commonly used in abortion and miscarriage care—by mail while the justices review a ruling from a notoriously right-wing appellate court.
The US Court of Appeals for the 5th Circuit blocked a federal rule allowing mifepristone to be dispensed by mail at the beginning of the month. Drugmakers quickly appealed to the high court, where Justice Samuel Alito, who is part of the right-wing supermajority, issued a one-week stay to give himself and colleagues time to review the case.
As Alito's initial Monday evening deadline approached, he extended the stay until 5:00 pm ET on Thursday. The move means that "for now, mifepristone is still available via telehealth, mail order, and pharmacy while the case proceeds," noted the Democratic Women's Caucus in the US House of Representatives.
However, pro-choice advocates and policymakers are still sounding the alarm and arguing that, as the caucus put it in a social media post, "reproductive freedom should not depend on emergency rulings or political attacks."
Senate Minority Leader Chuck Schumer (D-NY) said in a statement that "mifepristone has been safe, effective, and trusted for decades. Today's order keeps access in place for now, but it's not cause for celebration—it's a reminder that basic reproductive care is still under attack every day. Anti-abortion extremists are trying to use the courts to roll back access to medication abortion nationwide, and Senate Dems will keep fighting to protect women's freedom to make their own healthcare decisions."
Sen. Patty Murray (D-Wash.) similarly wrote on social media: "Another extension, but this shouldn't be complicated. Mifepristone is safe and effective, and women should be able to get abortion medication through the mail or telehealth if they need. Extremist judges shouldn't get to decide how women get healthcare."
This case traces back to early 2023, when the Biden administration's Food and Drug Administration permanently lifted mifepristone's in-person dispensing requirement, just months after the Supreme Court's right-wing supermajority overturned Roe v. Wade. Louisiana, which has among the most restrictive abortion policies in the country, sued over the FDA's policy change.
Medication abortions account for the majority of abortions provided in the United States, and those patients generally take both mifepristone and another drug, misoprostol. Demand for abortion pills by mail increased after Roe's reversal, as advocates of forced pregnancy policies in Republican-controlled states ramped up attacks on reproductive freedom.
"With the Supreme Court punting a decision on access to mifepristone—a safe, effective medication used in abortion care—until later this week, patients and providers are left facing continued uncertainty," said Rachel Fey, interim co-CEO of Power to Decide. "Wondering day by day whether you'll have access to an essential medication is not practical, and the confusion only deepens the barriers people already face when seeking abortion care."
"Access to mifepristone should be based on scientific evidence, not ideology," Fey declared. "We urge the Supreme Court to follow that science and maintain current telehealth access to mifepristone—not just for a few days at a time, but permanently."
Alito's extensions in recent days are not necessarily signals of where the conservative will ultimately come down. The Associated Press pointed out Monday that "the current dispute is similar to one that reached the court three years ago," when the justices blocked another 5th Circuit ruling "over the dissenting votes of Alito and Justice Clarence Thomas," and then unanimously dismissed that case due to lack of standing, or a legal right to sue.
The battle comes as the Trump administration's FDA is conducting a review of mifepristone that Julia Kaye, senior staff attorney for the ACLU’s Reproductive Freedom Project, has said seems "designed to manufacture an excuse for further restricting medication abortion across the country."
The New York Times noted Monday that US Department of Justice "lawyers have not said in court proceedings or publicly whether they back regulations that allow people to be prescribed the pills through telehealth appointments. Instead, they have asked the lower courts to pause the litigation to give the FDA time to complete a review of the safety of mifepristone, which was first approved in 2000."
"Boy, it's a complete mystery why the public thinks the court is making partisan political decisions," quipped one law professor following the ruling on Alabama's redistricting.
The US Supreme Court's right-wing majority Monday opened the door for Alabama to eliminate a majority-Black congressional district before this year's midterm elections in a decision that came as Tennessee voters sued to stop their state's racially rigged redistricting.
The nation's high court issued a 6-3 order with no explanation allowing Alabama officials to revert to a congressional map which, despite the state population being roughly 26% African American, has just one majority-Black district out of seven. The order came just a week before Alabama's primary election and less than three years after the same court ordered the state to create a second majority-Black district.
In that case, Allen v. Milligan, two right-wing members—Chief Justice John Roberts and Justice Brett Kavanaugh—joined their liberal colleagues who sided with Black voters in defense of the Voting Rights Act.
SCOTUS, which ordered Alabama to create a second Black opportunity district just 3 years ago, has lifted that order a week before the primary. The Purcell principle says courts shouldn't permit chaos too close to an election—it's now an open question whether there will even be a primary on schedule.
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— Joyce White Vance (@joycewhitevance.bsky.social) May 11, 2026 at 3:32 PM
Monday's ruling follows last month's Louisiana v. Callais decision, in which the justices ruled 6-3, also along ideological lines, that Louisiana's congressional map is “an unconstitutional racial gerrymander."
The decision ironically voided the last remaining provision of Section 2 of the Voting Rights Act, which allows voters of color to challenge racially discriminatory electoral maps in court.
Dissenting in Monday's decision, liberal Justice Sonia Sotomayor noted that the high court previously found that "Alabama violated the 14th Amendment by intentionally diluting the votes of Black voters."
"That constitutional finding of intentional discrimination is independent of, and unaffected by, any of the legal issues discussed in Callais," she added.
Earlier on Monday, the ACLU and ACLU of Tennessee filed a federal lawsuit on behalf of three Black voters, the Black Clergy Collaborative of Memphis, the Memphis A. Philip Randolph Institute, and the Equity Alliance seeking to block the state's racially rigged congressional map approved last week by the state Legislature and signed into law by Republican Gov. Bill Lee despite tremendous opposition from African American Tennesseans and their allies.
The lawsuit argues that the new map violates the Constitution by intentionally discriminating against Black voters in Memphis and retaliates against them for exercising their First Amendment right to political expression and association.
As the ACLU of Tennessee explained:
Tennessee has had a Memphis-based congressional district for the better part of a century. The challenged map dismantles that district, which is the state’s only majority-Black congressional district. It divides Black voters in Memphis and Shelby County across three majority-white districts that stretch from Memphis hundreds of miles into central Tennessee, diluting Black Memphians’ votes and stripping those communities of any meaningful voice in Congress...
A white-controlled supermajority of the Tennessee General Assembly enacted the new map targeting Black Memphians over mere days in a special legislative session that had been called after the candidate-qualifying deadline had already run.
"Black voters in Memphis did exactly what the Constitution empowers every American to do, which is to choose their representative,” ACLU of Tennessee executive director Miriar Nemeth said in a statement. “The Legislature’s response was an effort to ensure that those votes never carry the same weight again. The law has a name for this, and it’s not redistricting, it is textbook First Amendment retaliation. And it is, at its heart, racism.”
The Tennessee branch of the NAACP, state Democratic Party, Democratic candidates, and voters have also sued to challenge the redistricting.
The current partisan redistricting war began when President Donald Trump and congressional Republicans, who fear losing control of Congress after November's midterms, pushed Texas to enact a mid-decade redistricting. California retaliated with its own voter-approved redraw, and numerous red and blue states have followed suit or announced plans to at least consider doing so.
On Monday, Virginia's Democratic attorney general and party legislative leaders asked the US Supreme Court to block a state high court ruling against a voter-approved redistricting that favors Democrats.
Last week, Roberts dismissed the increasingly prevalent public perception that Supreme Court justices are "political actors."
Chief Justice Roberts bemoans the public's view of the Justices as political actors ...and then offers no explanation at all as the Court sprints to vacate a finding of INTENTIONAL discrimination, interfering with an impending election to let Alabama Rs sneak in a touch more partisan gerrymander.
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— Justin Levitt (@justinlevitt.bsky.social) May 11, 2026 at 3:21 PM
Following Monday's ruling, Loyola Law School professor Justin Levitt said sardonically on Bluesky, "Boy, it's a complete mystery why the public thinks the court is making partisan political decisions."
"The irreparable harm resulting from the Supreme Court of Virginia's decision is profound and immediate," top state Democrats said of the decision that struck down the new districts.
Virginia Attorney General Jay Jones and Democratic leaders in the state General Assembly on Monday asked the US Supreme Court to block a ruling against a ballot measure establishing new voter-approved congressional districts that favored Democrats.
The Virginia Supreme Court on Friday delivered a blow to the Democratic battle against President Donald Trump's gerrymandering campaign when it struck down a political map that Virginians had narrowly backed last month. The new districts could help Democrats secure up to four seats in the US House of Representatives in the November midterm elections.
Jones, Speaker of the Virginia House of Delegates Don Scott (D-88), state Senate Majority Leader Scott Surovell (D-34), and Senate President Pro Tempore L. Louise Lucas (D-18) are seeking a stay, arguing that based on a "novel and manifestly atextual interpretation" of the Virginia Constitution, the state Supreme Court "overrode the will of the people who ratified the amendment by ordering the commonwealth to conduct its election with the congressional districts that the people rejected."
"A stay is warranted because the decision by the Supreme Court of Virginia is deeply mistaken on two critical issues of federal law with profound practical importance to the nation. The decision below violates federal law in two separate ways," the emergency application says. "First, it predicated its interpretation of the Virginia Constitution on a grave misreading of federal law, which expressly fixes a single day for the 'election' of representatives and delegates to Congress."
"Second, by rejecting the plain text of the Virginia Constitution's definition of the term 'election' to adopt its own contrary meaning, the Supreme Court of Virginia 'transgressed the ordinary bounds of judicial review such that it arrogated to itself the power vested in the state legislature to regulate federal elections,'" the application continues.
The filing also stresses that "the irreparable harm resulting from the Supreme Court of Virginia's decision is profound and immediate. By forcing the commonwealth to conduct its congressional elections using districts different from those adopted by the General Assembly pursuant to a constitutional amendment the people just ratified, the Supreme Court of Virginia has deprived voters, candidates, and the commonwealth of their right to the lawfully enacted congressional districts."
The Associated Press noted that "Democrats are taking a legal long shot in asking the justices to reverse the Virginia ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP's congressional map."
The high court also has a right-wing supermajority that includes three Trump appointees—and which gutted the remnants of the Voting Rights Act in a ruling related to Louisiana's congressional districts late last month.
Under current conditions, Republicans are expected to pick up seats in Florida, Missouri, North Carolina, Tennessee, and Texas due to redistricting demanded by Trump, while Democrats are expected to win more districts in California, where voters also approved new political lines benefiting them.
The Washington Post reported Monday that "some top Democrats express little hope that the appeal will affect this November's congressional midterms and are pivoting to waging campaigns in the state's existing districts."
According to the newspaper:
Surovell (D-Fairfax) said "the practical realities of our election calendar" will prevent candidates from running in new maps even if conservative justices on the US Supreme Court were open to helping Virginia Democrats.
Tuesday is the deadline set by state elections officials for putting the ballot mechanisms in place. Surovell noted that Virginia’s elections software is antiquated and overdue for replacement.
Instead, Democrats are making the case that it’s time to work with the cards they have in hand.
"Since we can't control anything other than mobilizing and organizing, then let's mobilize and organize and turn our anger into fuel for that," Rep. Jennifer McClellan (D-Va.) said.
In a Monday letter to fellow congressional Democrats, US House Minority Leader Hakeem Jeffries (NY) called out the "vicious Republican assault on the right to vote, free and fair elections, and Black political representation in the South," and pledged that "our effort to forcefully push back against the Republican redistricting scheme will not slow down."
Jeffries also announced a caucus-wide briefing planned for Thursday "to discuss the steps Democrats are taking to advance the largest voter protection effort in modern American history," and declared that "Democrats will take control of the House of Representatives in November."