Washington, D.C. – On Friday, November 2, 2019, the United States Supreme Court denied the Trump administration’s application for stay in the landmark constitutional climate lawsuit, Juliana v. United States. The lawsuit, brought by 21 young Americans and supported by Our Children’s Trust, is back on track for trial. Julia Olson, executive director and chief legal counsel of Our Children’s Trust and co-counsel for the youth plaintiffs said:

“The youth of our nation won an important decision today from the Supreme Court that shows even the most powerful government in the world must follow the rules and process of litigation in our democracy. We have asked the District Court for an immediate status conference to get Juliana v. U.S. back on track for trial in the next week.”

Seven of the justices found the Defendants did not have a “fair prospect” of success on their petition for writ of mandamus, one of the factors necessary for the Court to stay lower court proceedings. Justices Clarence Thomas and Neil Gorsuch would have granted the application. This afternoon after receiving the order of the Supreme Court, plaintiffs immediately filed a request in the District Court asking for an immediate status conference to get Juliana v. United States back on track for trial in the next week.

The Supreme Court issued a narrow order considering only one of the two factors for granting a stay of a case in a lower court. The first factor is whether there is a “fair prospect” that at least five justices would vote to grant mandamus and the second factor is whether the government is likely to suffer irreparable harm if the stay is not granted.

(Photo – Yale 360)