Posted on 03/08/2018 11:05:29 AM PST by Enlightened1
A federal appeals court ruled Wednesday in favor of 21 children and young adults suing the U.S. government for not doing enough to protect their constitutional right to a stable climate.
The Ninth Circuit Court of Appeals judges refused to grant mandamus relief and block the U.S. District Court in Oregon from hearing the suit, which was originally filed by the environmental group Our Children’s Trust in 2015.
A federal judge in Oregon ruled in 2016 the 21 youngsters had standing to sue. President Donald Trump’s administration and oil and gas groups appealed the decision in June 2017. They asked judges to “end this clearly improper attempt to have the judiciary decide important questions of energy and environmental policy” and upset the balance of powers. The Ninth Circuit disagreed.
“There is enduring value in the orderly administration of litigation by the trial courts, free of needless appellate interference,” Judge Sidney Thomas wrote on behalf of the court.
“If appellate review could be invoked whenever a district court denied a motion to dismiss, we would be quickly overwhelmed with such requests, and the resolution of cases would be unnecessarily delayed,” Thomas wrote.
The ruling is a victory for environmental activists seeking to use the courts to force the Trump administration to issue regulations to phase out fossil fuels. Julia Olson, Our Children’s Trust chief counsel, said the ruling gives a “green light for trial.”
Olson’s case on behalf of youngsters argues constitutional rights to life, liberty and property are being violated by the federal government’s failure to enact policies to stop catastrophic global warming.
Plaintiffs say the right to a stable climate comes from the public trust doctrine — the idea certain natural resources should be protected for enjoyment of future generations. Policies to encourage coal, oil and natural gas use...
(Excerpt) Read more at dailycaller.com ...
“their constitutional right to a stable climate”
Madison, Jefferson, Hamilton, Washington and Franklin must be turning over in their graves.
Pure retardation.
They say that judges’ decisions are constrained by the desire to not be overturned on appeal. Seems to me that the 9th Circus disproves that contention.
FR: Never Accept the Premise of Your Opponent’s Argument
I remember when the courts claimed that state government officials didn’t have the standing to sue Obama to prove his claim of natural born citizenship.
And it remains that the states have never expressly constitutionally delegated to the feds the specific power to police the environment.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Consider that the main reason that the country is still cursed with the activist 9th Circuit Court is the following imo.
All roads of corruption in federal and state government's lead to the corrupt, post-17th Amendment ratification Congress imo.
In the case of the infamous 9th Circuit Court, although Congress has always had the constitutional authority to stop the Constitution-ignoring shenanigans of that court, it has stubbornly refused to do so.
This is why patriots now need to be making sure that there are plenty of Trump-supporting, state sovereignty-respecting patriot candidates on the 2018 primary ballots, patriots who will be willing to clean up the federal courts, and pink-slip career lawmakers by sending patriot candidate lawmakers to DC on election day.
And until the states wake up and repeal 17A, as evidenced by concerns about the integrity of Alabama's special Senate election, patriot candidates need to win elections by a large enough margin to compensate for possible deep state ballot box fraud and associated MSM scare tactics.
Hacking Democracy - The Hack
But the people had no standing to sue over Obama’s lack of eligibility to be President of the United States.
The courts are a joke. We’re a banana republic.
Exactly!
Which will be overturned by the Supreme Court. What a joke the ninth is.
Laz wouldn’t hit that with an industrial strength pipe wrench.
Wow...some judges need recalled and exiled for their stupidity and obvious political bias.
If these munchkins’ parents had a brain they would put them up to sue for the millions they owe the debt.
UNREAL! Yes, time to dissolve the Ninth Circuit Court.
It's a doctrine, not a law, and therefore is unenforceable.
The judiciary branch are little more than left-wing usurpers.
Now, who is fronting the money for the lawsuit? Soros?
How did I miss that in the Constitution?
It’s right next to abortion.
Invisible ink.
I apologize to Mike Savage “Liberalism IS a mental disorder.”
This lawsuit might backfire on the snowflakes
Is there an attorney supporting school kids who don’t want to be protected by guns?
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