A federal appeals court has rejected the Trump administration’s second attempt to throw out a climate change lawsuit by a group of children.
The 9th Circuit Court of Appeals’ three-judge panel unanimously rejected the administration’s request for a judicial writ barring the lawsuit, Juliana v. United States, from being heard.
“We denied the government’s first mandamus petition, concluding that it had not met the high bar for relief at that stage of the litigation. No new circumstances justify this second petition, and we again decline to grant mandamus relief,” read the court’s order.
Our Children’s Trust, representing 21 children in the lawsuit, said the ruling means the case will be heard. “This is a clean case about fundamental constitutional rights of children that not only deserves to be heard, but in our system of law, Article III courts have a duty to hear and decide this case,” said Julia Olson, co-counsel in the case. “The Ninth Circuit’s opinion reflects that.”
Friday’s ruling was not on the merits of the arguments in the case, but means the case will move ahead with its planned court hearing on Oct. 29. The children in the case argue that the U.S. government, by helping to create a national energy system that causes climate change, is depriving them of their constitutional rights to life, liberty, and property.
The Trump administration has been trying hard to either stay the case or have it thrown out altogether. The 9th Circuit is the latest hurdle in that process, but the Supreme Court still has a chance to knock it out.
The administration has a petition pending before the Supreme Court, asking it to stay the case, after the 9th Circuit refused to grant its motion to stay the case.
The Supreme Court has yet to issue an order, but Justice Anthony Kennedy has asked plaintiffs to respond to the Trump petition by noon on Monday, according to Our Children’s Trust.
