Judges will decide whether the case known as Juliana vs. U.S. gets thrown out or gets a full airing in district court.
, a law professor at the University of Oregon who joined an amicus brief supporting the plaintiffs, said she thought Olson’s argument registered with the judges. “There was an epiphany,” she said.
It’s less clear whether the judges agree that the Constitution protects a right to a safe and livable climate. Olson argued that this right is already covered by the 5th Amendment’s protections for things such as personal security, family autonomy and bodily integrity, and that recognizing it doesn’t require the court to break new ground. But Hurwitz disagreed.Judge Mary Murguia was concerned about what a possible remedy might look like.
While the plaintiffs’ lawyers came away feeling optimistic, others said the judges didn’t give any clear sign as to which way they were leaning. “They were tough on both sides,” saidHe said the decision may turn on whether the judges agree with Olson that the right to a stable climate is an extension of existing bedrock principles or whether they agree with the government that it’s something new.
But the plaintiffs didn’t wait to champion their cause. After the hearing, they emerged from the courthouse and were greeted by cheers from scores of supporters across the street.
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