January 22, 2020
Earth is doomed, but the courts--the third co-equal branch of government under Article III of the US Constitution--are powerless to intervene to force the legislative and executive branches of government to halt the planet's destruction.
So seems to say the Ninth Circuit court of appeals, which in Juliana v. United States reversed, remanded, and ordered the court below to dismiss a lawsuit brought in 2015 by 21 young plaintiffs who believe the federal government is pursuing actions that exacerbate climate change. Specifically, plaintiffs cite federal government conduct that promotes fossil fuel use and permits unchecked carbon emissions, both of which pose an existential threat to our planet.
Eugene's Federal District Court Judge Ann Aiken had ruled in November of 2016 in favor of the plaintiffs.
Effectively, the 2-1 appellate decision acknowledged that the government should be better stewards of Earth--even acknowledging plaintiffs' claimed injury as a result of climate change in/action on the part of the legislative and executive branches of government--but shrunk from granting plaintiffs' requested remedy. Effectively, the appellate panel refused to step into a policy and enforcement void.
"Reluctantly, we conclude that such relief is beyond our constitutional power," Judge Andrew Hurwitz of the 2-1 majority wrote. "Rather, the plaintiffs' impressive case for redress must be presented to the political branches of government."
In a stinging dissent, Judge Josephine Staton rebuked hand-wringing by the majority. "[The government] bluntly insists that it has the absolute and unreviewable power to destroy the nation. My colleagues throw up their hands. ...The mere fact that this suit cannot alone halt climate change does not mean that it presents no claim suitable for judicial resolution,” the judge wrote in dissent.
The majority and dIssenting opinions make for a remarkable read.
The split decision is a symphony of science and law, of power and restraint, of passion and pragmatism.
Juliana v. United States.
As sensible as a Socratic dialogue about the lethality of poison hemlock. Or Nero fiddling while Rome burns. Or George W. Bush ignoring the presidential daily briefing (PDB) that warned of the imminent 9/11 attack.
Existential theatre.
A public, oh-so-polite, high-tea tête-è-tête about the avoidable apocolypse wherein, effectively, Atlas Shrugged.
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