With newly minted Supreme Court Justice Brett Kavanaugh set to take his place on the bench, U.S. News reports that the attorneys representing the U.S. Government in the landmark Juliana v U.S. have once again filed a motion seeking a halt to the trial, asking for the U.S. Supreme Court to review the legality of the case.
In July, the U.S. Supreme Court as well as the U.S. 9th Circuit Court of Appeals refused to issue a stay in the proceedings for the case, which is set to go to trial in federal district court in Oregon later this month. With Kavanaugh’s confirmation looming, government attorneys again filed a motion last week for the Supreme Court to review the case, hoping that the court’s newest member would facilitate a ruling against the plaintiffs. The new motion states “A brief stay to allow the Supreme Court to consider whether the lawsuit is the appropriate means to address climate change will not appreciably harm plaintiffs.”
Further encouraging the government’s motion is that the plaintiff’s sister case filed in state court against the state of Washington was dismissed by King County Superior Court Judge Michael Scott in August. In that case, Scott ruled that the issue was the responsibility of the legislative and executive branches of the government, rather than the judiciary. Reuters reports that lawyers for the plaintiffs are seeking an appeal.