Juliana Plaintiffs Urge Supreme Court to Reverse Trump Judges’ Dismissal of Key Climate Case
September 13, 2024
Juliana Plaintiffs Urge Supreme Court to Reverse Trump Judges’ Dismissal of Key Climate Case
https://www.commondreams.org/news/juliana-v-us
by kirtanpatelr
1 comment
Nearly ten years ago, the Juliana 21 brought a first-of-its-kind, youth-led constitutional climate lawsuit against the U.S. government, asserting the government’s continued investment in fossil fuels, despite knowledge it would create the climate crisis, violates their fundamental rights. Since then, Juliana v. United States has inspired winning human rights climate cases globally. In the United States, it has faced more government opposition than any case in history where the U.S. government is a defendant.
Here’s what just happened: On May 1, 2024, a three-judge panel in the Ninth Circuit granted the seventh petition for a writ of mandamus brought against Juliana in nearly ten years telling Judge Ann Aiken to end the youths’ case. The prior six petitions were all rejected by other Ninth Circuit judges and the Supreme Court.
And here’s the problem: This new three-judge panel didn’t follow the rule of law. They flagrantly disregarded the limits Congress and the Supreme Court placed on their jurisdiction. SCOTUS itself set the threshold on granting this type of extraordinary petition and the DOJ didn’t meet it by a longshot. The panel also tried to keep it out of the headlines in a three-page unpublished order.
Yesterday, the Juliana 21 took it to SCOTUS They filed their own petition to SCOTUS for a writ of mandamus to the Ninth Circuit Court of Appeals to reverse this egregious error and return the case to the district court—because the integrity of our courts and constitutional democracy depend on it.
This SCOTUS petition is not about the merits or the plaintiffs’ standing to bring their case. It’s about fair process.
The Juliana plaintiffs have also filed an application to Justice Kagan for an extension of time to file a petition for a writ of certiorari with the Supreme Court. On Wednesday, they sent a settlement letter to the Biden administration asking that it finally come to the table in meaningful settlement talks and end the extraordinary litigation tactics by the Justice Department.
1 comment
Nearly ten years ago, the Juliana 21 brought a first-of-its-kind, youth-led constitutional climate lawsuit against the U.S. government, asserting the government’s continued investment in fossil fuels, despite knowledge it would create the climate crisis, violates their fundamental rights.
Since then, Juliana v. United States has inspired winning human rights climate cases globally. In the United States, it has faced more government opposition than any case in history where the U.S. government is a defendant.
Here’s what just happened:
On May 1, 2024, a three-judge panel in the Ninth Circuit granted the seventh petition for a writ of mandamus brought against Juliana in nearly ten years telling Judge Ann Aiken to end the youths’ case. The prior six petitions were all rejected by other Ninth Circuit judges and the Supreme Court.
And here’s the problem:
This new three-judge panel didn’t follow the rule of law. They flagrantly disregarded the limits Congress and the Supreme Court placed on their jurisdiction. SCOTUS itself set the threshold on granting this type of extraordinary petition and the DOJ didn’t meet it by a longshot. The panel also tried to keep it out of the headlines in a three-page unpublished order.
Yesterday, the Juliana 21 took it to SCOTUS
They filed their own petition to SCOTUS for a writ of mandamus to the Ninth Circuit Court of Appeals to reverse this egregious error and return the case to the district court—because the integrity of our courts and constitutional democracy depend on it.
This SCOTUS petition is not about the merits or the plaintiffs’ standing to bring their case. It’s about fair process.
The Juliana plaintiffs have also filed an application to Justice Kagan for an extension of time to file a petition for a writ of certiorari with the Supreme Court. On Wednesday, they sent a settlement letter to the Biden administration asking that it finally come to the table in meaningful settlement talks and end the extraordinary litigation tactics by the Justice Department.