Appeals Court Hears Teen Climate Case

Dec 11, 2017

A three judge panel of the 9th Circuit Court of Appeals heard oral arguments Monday in a case brought by 21 youths against the federal government over climate change. The Trump Administration is seeking to quash the case before it goes to trial.

A still from the live stream of the Appeals Court hearing Monday.
Credit YouTube

The administration is asking the appeals court for a writ of Mandamus to reverse a Eugene district judge’s decision to allow the lawsuit to go forward.
Citing a previous case, Justice Department attorney Eric Grant told the appeals court the ruling offends the separation of powers clause of the constitution by exceeding its jurisdiction.
He got a strong response from Judge Marsha Berzon and Chief Judge Sidney Thomas.
Berzon: “Do you know how many cases we would have if we had believed that on mandamus? Hundreds. Every day.
Grant: No, your honor. I don’t think you would have those cases…
Thomas: Oh, there’s no question we would. If you allow people to come into court because they’re displeased with a district court denial of a motion to dismiss. I mean that’s just the plain fact.”
The judges also asked tough questions of attorney Julia Olson, who represents the 21 youth plaintiffs. The panel is expected to issue a decision in the coming weeks. A trial date for the climate lawsuit had been set for early February.