With under two week until the jump of ahistoric youthfulness clime trial , the Justice Department is still trying to wrestle out of fend for the U.S. government ’s inactivity on climate alteration . For the second sentence in four calendar month , it has petition the Supreme Court to stop the trial . This clock time , however , Brett Kavanaugh could have a say in the matter .
The last time the Justice Department put in a petition for a stay , it was fielded by Justice Anthony Kennedy . Kennedy referred the postulation to the whole court and thedecision to deny itcame down a day before his retirement .
The new request for a stay will go to Chief Justice John Roberts , who is currently providing guidance for the Ninth Circuit where the trial is set to take place . Roberts can rule on his own or refer the asking to the whole court where Kavanaugh , Kennedy ’s replacement , would press in .
It would be one of the first high - visibility environmental law decisions of Kavanaugh ’s tenure on the royal court that has begin under , shall we say , auspicious circumstances . While Kennedy filled the “ swing justness ” role , Kavanaugh has been reliably buttoned-down andmade Earther ’s listas one of the big potential judge on environmental issues before he was name .
While the court said in its July ruling that the case should go on , it also noted the ambit of the plaintiff ’ title was “ impinge on ” and that there are “ substantial grounds for difference of belief ” about whether they should be get word by federal justice system . The new petition for a stay and make up of the court could alter the outcome this time around .
That said , Meg Ward , the communication theater director for Our Children ’s Trust , the group leading this and other Department of State - spirit level early days climate cases , told Earther that “ counsel is not worry and is fully fain to commence trial on the 29th . ”
There ’s been a hustle of natural action the past week to adjudicate and slow down down or jump the trial . In gain to Thursday ’s Supreme Court petition , the Justice Department askedfor the president to be removed from the case and narrow the oscilloscope and witnesses that the plaintiff can call . While the authority succeeded on the president and scope front line , judge with the Ninth Circuit are still weighing the witness question .
disregarding , Our Children ’s Trust said the witnesses have booked their locomotion to Eugene , Oregon , the site of the case , and are ready for it to go to trial .
Update : John Roberts temporarily stayed the case of late on Friday , ask for the plaintiffs to respond to issue the government raised . Julia Olson , the master legal counsel for Our Children ’s Trust said in a statement that “ [ w]e are confident once Chief Justice Roberts and the full Court receive the youth plaintiffs ’ reception to suspect ’ mischaracterization of their case , the trial will proceed . ”
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