| 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 The panel also tried to keep it out of the headlines in a three-page unpublished order.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 SCOTUSThey 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. We are not going to stop fighting for young people and future generations’ rights to a life-sustaining climate. Support for JulianaNearly 350,000 intergenerational individuals from the U.S. and around the world have signed petitions, hosted by Avaaz and Friends of the Earth US, calling for an end to the DOJ’s opposition to Juliana. Co-delivered Wednesday by Bill McKibben, co-founder of 350.org and Third Act, and Jerome Foster II, youngest ever White House Environmental Justice advisor, these petitions underscore the growing public demand for the case to proceed to trial.  If you care about justice, you care about JulianaOur democracy was built on three branches of government, so we’d have the courts—to interpret the Constitution and define and secure our rights as the world grows and changes around us. Today, the climate crisis represents the greatest threat to young Americans’ lives and the U.S. government is driving the crisis. So, the Juliana 21, with no voting or economic power, went to the courts. If we allow procedural injustice like the actions of this three-judge panel in the courts—if we allow unfair, and unequal application of the law—then children’s fundamental rights are subject only to the opinion of those most powerful.  |
Source: https://mailchi.mp/09b01291f703/the-monthly-brief-february-1022629?e=0654af170d
