9th Circuit Appeals Court Throws Out Climate Change Lawsuit

Discussion in 'Environment' started by The Purge, Jan 17, 2020.

  1. The Purge
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    The Purge Gold Member

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    Can YOU believe the 9th circuit has been fully changed from liberal activists to SANE JURISTS...Thank you President Trump!!!

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    Townhall.com ^ | January 17, 2020 | Reagan McCarthy

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    The Ninth Circuit Court of Appeals did no favors for the climate alarmism movement this afternoon, after the panel of judges in San Francisco threw out a lawsuit against the government based on climate change.


    The suit was filed in 2015 by a group of young climate alarmists, insisting that the government is solely responsible for creating climate change via cooperating with the fossil fuel industry. The suit claims that the government turned a blind eye to the potential for damage via carbon emissions. Lawyers serving both Presidents Obama and Trump asserted that the government is not at fault because a livable climate is not guaranteed in the Constitution.

    Circuit court judges Mary H. Murguia and Andrew D. Hurwitz and District Judge Josephine L. Staton heard the case. In a rare moment of constitutional textualism by the Ninth Circuit, the trio of Obama nominees affirmed in a 2-1 vote that it was not the duty of the court to craft climate change policy, or to tell the legislative branch how to go about making laws.

    “The plaintiffs claim that the government has violated their constitutional rights, including a claimed right under the Due Process Clause of the Fifth Amendment to a ‘climate system capable of sustaining human life.’ The central issue before us is whether, even assuming such a broad constitutional right exists, an Article III court can provide the plaintiffs the redress they seek—an order requiring the government to develop a plan to ‘phase out fossil fuel emissions and draw down excess atmospheric CO2.’ Reluctantly, we conclude that such relief is beyond our constitutional power. Rather, the plaintiffs’ impressive case for redress must be presented to the political branches of government,” Judge Hurwitz wrote in the majority opinion.

    Dissenting in the decision is District Judge Josephine L. Staton, who claims that this case could be in the scope of the judiciary:

    “My colleagues throw up their hands, concluding that this case presents nothing fit for the Judiciary. Plaintiffs bring suit to enforce the most basic structural principle embedded in our system of ordered liberty: that the Constitution does not condone the Nation’s willful destruction. So viewed, plaintiffs’ claims adhere to a judicially administrable standard. And considering plaintiffs seek no less than to forestall the Nation’s demise, even a partial and temporary reprieve would constitute meaningful redress. Such relief, much like the desegregation orders and statewide prison injunctions the Supreme Court has sanctioned, would vindicate plaintiffs’ constitutional rights without exceeding the Judiciary’s province,” Staton wrote.

    The Ninth Circuit correctly decided this case; indeed, it is not the role of the judiciary to legislate or to instruct the legislative branch how to do so. Ruling in favor of the plaintiffs in this case would have set a dangerous precedent, and today is a good day for the adherence to one of our most fundamental principles: separation of powers.
     
    • Thank You! Thank You! x 2
    • Winner Winner x 2
  2. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    Trump is bringing sanity to the courts with his numerous and continuing appointments.
     
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  3. Thunk
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    Thunk Gold Member

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    Trump has only replaced about a third of the 9th circuit so far.

    A great start...but we still have a long way to go!
     
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  4. ABikerSailor
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    ABikerSailor Diamond Member

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    Did anyone bother to actually read the article and see why it was thrown out?

    Not only did the suit allege cooperation between the government and the oil companies, but they also tried to say that they had a right to clean air and water under the Constitution.

    Sorry, but while "life, liberty, and the pursuit of happiness" ARE laid out in the Constitution, sadly enough, clean air and water aren't, which is why the suit was thrown out.

    Not because of Trump appointments to the court.
     
  5. Billy_Kinetta
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    Billy_Kinetta Paladin of the Lost Hour Gold Supporting Member Supporting Member

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    The Ninth never cared much for the Constitution till Trump made some adjustments.
     
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  6. Manonthestreet
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    Manonthestreet Platinum Member Gold Supporting Member Supporting Member

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    Just like repubs to deny chirren their rights uuuummmm...........uuuummmmmm
     
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  7. Billy_Bob
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    Billy_Bob Platinum Member

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    Awe....... Poor libs can no longer have the court make laws.... And their pissed about it.... WFW
     
  8. Silver Cat
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    Silver Cat Active Member

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    The right to "clean air and water" is just a part of right to "life, liberty and persuit of happiness".
    How many Americans would preffer to enjoy their own flying cars than enjoy the fresh, cool air in the environmentalistic GULAG in Alaska?
    But it is just an illusion, that we have a choice. We need the industrial superiority to survive in our cruel world, even if it means extincion of all African elephants and Canadian elks.
     

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