Posted on 05/02/2024 6:00:14 AM PDT by CFW
Today a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit granted the U.S. Department of Justice's petition for a writ of mandamus seeking dismissal of Juliana v. United States, the so-called "Kids Climate Case."
The brief order was short and direct. It noted that the Ninth Circuit had previously concluded that the plaintiffs lacked standing and ordered the case dismissed. Contrary to the plaintiffs' claims, no intervening decisions changed that fact, and that there was no basis for the district court to allow the plaintiffs to amend the complaint.
This decision should not have been a surprise. It should also be a relief to those who hope to see further climate litigation, as the Ninth Circuit panel saw no need to consider issues beyond the plaintiffs' Article III standing, and dismissal of the case obviates any need for the DOJ to seek Supreme Court review. Judge Aiken was wrong to revive this case, and now the Ninth Circuit has killed it for good.
(Excerpt) Read more at reason.com ...
Agreed, the headline should read as “Soros/Gates Climate Case”, lol.
Broken clock effect. Crap! Now I agree with the 9th circus court? Be careful out there folks!
Now we just need the courts to shut down the government’s eco-insanity, which is just as absurd.
The media sell it as a Children’s Crusade but in reality it is mere child exploitation.
Good, now the little young skulls full of mush need to go back to school and try to get an education instead of shooting off their big mouths about stuff they don’t fully understand. Dumbasses.
“Broken clock effect. Crap! Now I agree with the 9th circus court?”
I think you mean: A blind squirrel finds a nut every once in a while.
Trump turned the 9th circus around quite a bit with his judicial appointments
A couple of big surprises here:
1) DOJ on the right side of the matter
2) Ninth Circuit getting one right.
They better leave mine alone.......😊👍
Yes, he did - but the Biden usurpation has once again put the Lefties on the Ninth back in the driver's seat, by one vote.
When the Grants Pass matter [homeless got rights!] came up for an en banc review, it was 15 to 14, Lefties rule.
Of course, now the case has been accepted at the Supreme Court, so the Lefties only bought time for the continued anarcho-tyranny.
It actually says a lot that the Lefty majority on the Ninth slapped down the climate nutter kids.
Senior Moment stooge-judge Ann Aiken of the District Court of Oregon, a Rapin' Bill appointee.
It was apparently recognized at the time of her appointment by Big Bill that she was unsuitable for the bench - the vote was 67 to 30, very unusual for back then.
stooge Aiken is also notable for these Commie actions on the bench:
On October 7, 2015, Judge Aiken resentenced Dwight L. Hammond and his son Steven D. Hammond to five years in prison with credit for time served for federal arson, the mandatory minimum for that crime. The Hammonds had "illegally" set fires on their ranch which burned 140 acres (57 ha) of federal land.
U.S. District Judge Michael R. Hogan [G.H.W. Bush judge] had sentenced the Hammonds to 3 months and 1 year in prison respectively, but Judge Aiken ruled that the minimum sentences must be followed.
Armed militiamen led by Ammon Bundy occupied the Malheur Wildlife Refuge near the Hammonds' ranch in protest of the ruling, demanding that the Hammonds be released and that the hundred-year-old wildlife refuge be given over to local control.
The defendants in the case were granted a full Presidential pardon by President Donald J. Trump on July 10, 2018.
=======================
Judge Aiken made a key decision in the case Juliana v. United States, a suit brought by 21 youths against the U.S. government stating their rights to a clean environment were violated due to actions that the government had taken.
While several similar suits at state and federal level had been dismissed, Judge Aiken instead was compelled by the argument that access to a clean environment was a fundamental right [and her inherent radical Commie nature], allowing the case to proceed.
This decision was reversed by the United States Court of Appeals for the Ninth Circuit, which remanded the case with instructions to dismiss it.
NEVERTHELESS, on remand, Judge Aiken allowed Plaintiffs to amend their complaint and allowed the case to continue.
Once back before the Court of Appeals on a petition for writ of mandamus, the Ninth Circuit granted the petition and again instructed Judge Aiken "to dismiss the case forthwith, Ann, you ignorant Commie slut."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.