Donald Trump may be planting his own conservative justice into the Supreme Court; however, SCOTUS, for now, is still balanced, and Trump just suffered a blow after the justices refused to halt Juliana v. United States.
Earlier, the Trump administration had filed for the case to be halted during the discovery process claiming:
‘This suit is an attempt to redirect federal environmental and energy policies through the courts rather than through the political process, by asserting a new and unsupported fundamental due process right to certain climate conditions.
‘Absent relief from the Ninth Circuit or this Court, the government will be forced to participate in a highly compacted period of discovery and trial preparation followed by a 50-day trial, all of which will itself violate bedrock limitations on agency decisionmaking and the judicial process.’
In a statement released on Monday, SCOTUS informed the Trump administration their stay had been denied.
‘The application for stay presented to Justice Kennedy and by him referred to the Court is denied.
‘The Government’s request for relief is premature and is denied without prejudice. The breadth of respondents’ claims is striking, however, and the justiciability of those claims presents substantial grounds for difference of opinion. The District Court should take these concerns into account in assessing the burdens of discovery and trial, as well as the desirability of a prompt ruling on the Government’s pending dispositive motions.’
Juliana vs. United States is a landmark case brought forward by 21 children/young adults asserting that Americans have a right to a clean climate system.
‘The case, Juliana v. United States, was originally filed in August 2015 by young plaintiffs from across the country and became the first in which a U.S. court has recognized the constitutional right to a safe climate.’
It should be noted the case was filed during President Barack Obama’s presidency.
‘The case was initially filed against the Obama administration and was later altered to make President Donald Trump a defendant.’
In their complaint, the plaintiffs wrote:
‘Defendants have failed to preserve a habitable climate system for present and future generations, and instead have created dangerous levels of atmospheric CO2 concentrations. The affirmative aggregate acts and omissions of Defendants, jointly and severally, have violated and continue to violate Plaintiffs’ fundamental constitutional rights to freedom from deprivation of life, liberty, and property; Plaintiffs’ constitutional rights to equal protection; Plaintiffs’ unenumerated inherent and inalienable natural rights; and Plaintiffs’ rights as beneficiaries of the federal public trust.’
Of course, thanks to Trump and his dismantling of climate change science and resolutions, they are facing a hard fight that the Trump administration won’t give up if it means the profits of major climate-affecting industries will be threatened.
However, this is one small victory for the kids behind the lawsuit, and it came at a good time considering Justice Kennedy plans to retire, and Trump has already nominated a conservative judge that Republicans are salivating over to confirm.