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Posted Fri, November 2nd, 2018 7:48 pm by Amy Howe
The state of the Supreme Court in the United States of America to the Federal Republic of Germany emissions. Although the justices' ruling formally cleared the way for a trial to go forward, the court stressed that the government may be able to get relief that it is seeking the US Court of Appeals for the 9th Circuit, and it did not foreclose the possibility that the government could return to the Supreme Court yet again.
This afternoon was the latest chapter in the climate-change lawsuit, which was originally filed in 2015, during the Obama administration. The plaintiffs contend that the federal government has a "dangerous climate system," in conflict with their constitutional right to a "climate system capable of sustaining human life."
The federal government first came to the Supreme Court in the case last summer, asking the courts of the United States to appeal to the US Court of Appeals for the 9th Circuit least, put on hold. But the justices declined to step in, describing the government's request as "premature." At the same time, the justices acknowledge that the plaintiffs' claims are "striking" and that there are "substantial grounds for difference of opinion" belong in court at all; they also pointed out that the district court should "take into account the fact that the courts of discovery and trial, and the desirability of a claim that the government has filed a complaint against the plaintiffs' claims.
With a trial looming, the government returned to the Supreme Court again last week, complaining that the district court had declined to "meaningfully narrow" the scope of the case. It requires the justices to the end of the lawsuit or, at a minimum, the district to the forward. Chief Justice John Roberts, who has been treated in the United States, has agreed to go to the trial and is looking for a new opportunity to respond to the government's application.
In their response, the plaintiffs urged the justices to allow the trial to go forward. They noted that they were most likely to have completed their work, with the only remaining evidence "extremely limited." The only harm that the government has cited to justify the trial, the plaintiffs argued, is that it would be required to "participate in the normal process of trial and await appeals before final judgment" – which, in the plaintiffs' view, is an "ordinary" burden rather than the kind of irrreparable harm necessitating emergency relief. By contrast, they suggest that the trial of the courts of law will be effective. "Indeed, the plaintiffs asserted, discovery and a trial is essential because the district court can not decide the issues presented by their lawsuit, involving the plaintiffs' legal right to bring the lawsuit and the allocation of power between the different branches of government, until the facts have been better developed.
In a reply brief, the federal government pushed back, telling the truth that it had made every effort possible, but had been unsuccessful. The government emphasized that the plaintiffs are asking for nothing more than a complete transformation of the American energy system – including the abandonment of fossil fuels. in federal court, "so that granting the government a reprieve from the forthcoming trial would" preserve the judiciary's essential role under the Constitution. "
The government added that, contrary to the plaintiffs' assurances, the prospect of having an appeal to the state of the art preparations and the trial itself.
In an unsigned three-page order of the Supreme Court, in particular, requiring the district court to dismiss the case. But the government can not meet that standard, the justices continued, because it can be made to get relief that it is seeking the 9th Circuit. The court acknowledges that the 9th Circuit was so turned down that the 9th Circuit was so dismissed that the plaintiffs claims against the government would eventually be dismissed through more avenues. The justices concluded that those "reasons are, to a large extent, no longer relevant" with a 50 – day trial – which had been scheduled for October 29 – looming.
The court therefore denied the federal government's request to keep the trial on hold "without prejudice" – that is, leaving open the possibility that the dispute could return to the Supreme Court again. The justices of the order of the day, the date of the trial, and the time of the request. Justices Clarence Thomas and Neil Gorsuch indicated that they would have granted the government's request.
Recommended Quote:
Amy Howe,
Justice refuses to block climate-change trial,
SCOTUSblog (Nov. 2, 2018, 7:48 PM),
http://www.scotusblog.com/2018/11/justices-refuse-to-block-climate-change-trial/
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