Tuesday, July 31, 2018

Supreme Court Rules on Kid's Climate Lawsuit

Yesterday: "The Supreme Court Refuses to Halt a Climate Change Lawsuit Brought by Children and Teenages." (Pacific Standard)

Rejecting a Trump administration request, the high court let the case proceed toward a trial that’s scheduled for later this year. The administration sought to block further progress on the three-year-old Oregon case until a federal trial judge acts on the government’s bid to throw out the lawsuit.
Good for letting it proceed. This gets more interesting the higher up it goes, and as attorneys for the US opine ever more inanities about climate change.

But this sounds more promising than it probably is. What the Supremes ruled is that the US government's attempt to squash the suit yet has no merit, and the case should proceed in the lower courts. That's hardly saying the Supreme Court would rule in these kids' favor; their response was about procedures.
The justices’ order said the administration’s request was premature. The court added that breadth of the lawsuit’s claims was "striking" and the question of whether they can be decided by a court "presents substantial grounds for difference of opinion." The justices said the trial judge should take those matters into account in considering whether to make a "prompt ruling" on other government efforts to end the lawsuit.
Still, certainly better than nothing. I do hope this case does go all the way to the Supreme Court. I think there's little chance they wouldn't rule against it -- especially once Kavanaugh is confirmed -- but it would bring the cause to national attention in a new and unique way. And it won't be the last legal complaint, by far.

1 comment:

William M. Connolley said...

I think you are right that this is essentially procedural, and is not about the merits of the case.

I think you're also right that the case has little chance of succeeding on its merits. I'm dubious that "never mind, it will be good PR" is a good argument.