The midterm election on Nov. 6 is one of the most important in memory. It will decide whether checks and balances will be restored to the federal government and especially to our out-of-control president.
An even more important event is scheduled to take place nine days earlier, however. It could make history by ensuring that our children and future generations have a constitutional right to a livable world.
On Oct. 29, the United States government is scheduled to go on trial for contributing to global climate change. The trial is the result of a lawsuit, Juliana v United States, filed three years ago by a group of 21 young adults and children. They allege that the federal government is violating their constitutional rights by promoting the use of fossil fuels. Fossil fuel pollution is the principal cause of global warming.
The Julianas, as I’ll call the young plaintiffs for the sake of simplicity, want the courts to rule that the federal government must stop subsidizing fossil fuels, opening public lands to fuel production, and doing other things that result in carbon pollution. They want the government to rapidly phase out carbon dioxide (CO2) emissions from fossil fuel combustion and to develop a national plan to stabilize the climate system and “restore Earth’s energy balance”.
Finally proceeding to trial would obviously be a big milestone in the Julianas’ long fight through the federal court system. It is not motivated by partisanship. It was filed when Barack Obama was president and it named his as well as many federal agencies as defendants. Now, the Trump Administration is on trial and the U.S. Department of Justice has been fighting furiously to keep the case from being tried.
Justice Department lawyers have filed motion after motion to have the case dismissed, including legal maneuvers one judge called “rare as hen’s teeth”. But so far, the legitimacy of the case has been upheld repeatedly by a U.S. District Court, a Circuit Court of Appeals, a three-judge panel and even the U.S. Supreme Court. As I write this, the Supreme Court is deciding yet another late motion by the Justice Department to keep the trial from happening.
By William S. Becker
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