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Judges for the 9th U.S. Circuit Court of Appeals “reluctantly” ruled in favor of the government in the kids’ climate case today, thwarting the young people’s historic legal fight while acknowledging the “increasingly rapid pace” of climate change.
The arguments presented by the 21 young people in Juliana v. United States proved too heavy a lift for Circuit Judges Mary Murguia and Andrew Hurwitz, who found that the kids failed to establish standing to sue.
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“The panel held that it was beyond the power of an Article III court to order, design, supervise, or implement the plaintiffs’ requested remedial plan where any effective plan would necessarily require a host of complex policy decisions entrusted to the wisdom and discretion of the executive and legislative branches,” Hurwitz, an Obama appointee, wrote in an opinion issued this morning.
“The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large.”
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California District Judge Josephine Staton dissented, writing that the youths had a right to sue the government.
“Plaintiffs bring suit to enforce the most basic structural principle embedded in our system of ordered liberty: that the Constitution does not condone the Nation’s willful destruction,” Staton, an Obama pick, wrote.
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The panel moved to send the case back to district court for...
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