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Old 10-30-2018, 08:48 PM
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eschereal is offline
Join Date: Aug 2012
Location: Frogstar World B
Posts: 16,502
A passel of young folk, we might be aware, have been pushing forward a class action lawsuit to force the government to mitigate climate change by moving away from fossil fuels. Naturally, the government is not in favor of this action proceeding, has petitioned SCotUS to stay the suit, which has been rejected in the past few days (allowing it to move through the lower courts, eventually to be argued before the 9, one should expect).

The language in DoJ's latest petition is troubling. On the 14th page of this pdf of the government's petition (page 4 of the text), one can read
On the merits, the district court concluded that Plaintiffs had stated a claim under the Fifth Amendment’s Due Process Clause and a federal public trust doctrine. Id. at 1248-61. The court found in the Fifth Amendment’s protection against the deprivation of “life, liberty, or property, without due process of law,” U.S. Const. amend. V, a previously unrecognized fundamental right to a “climate system capable of sustaining human life,” and the court determined that Plaintiffs had adequately alleged infringement of that fundamental right. … The government petitioned this Court for a writ of mandamus to halt these deeply flawed proceedings. This Court stayed the litigation for seven-and-a-half months but ultimately denied the petition without prejudice.
This can be read as saying that our children/grandchildren do not have a fundamental right to a livable world.

How will history view us? There it is, right there.