Juliana Plaintiffs Urge Supreme Court to Reverse Trump Judges' Dismissal of Key Climate Case

Demanding that the U.S. Supreme Court correct "an egregious error" by the Trump-appointed judges who dismissed their landmark case in May, the 21 plaintiffs in Juliana v. United States on Thursday filed a petition asking the high court to take action that would require the lower judicial panel to "follow the rule of law and precedent."

The petition was announced by Our Children's Trust, the legal group that has represented the Juliana plaintiffs for nearly a decade since they filed their lawsuit asserting that the government's support for fossil fuel extraction and other actions have "violated the youngest generation's constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources."

The group asked the Supreme Court for a writ of mandamus—a legal tool which can be used to "confine an inferior court to a lawful exercise of prescribed jurisdiction, or when there is an usurpation of judicial power," according to the Department of Justice.

The maneuver is the same one that was used repeatedly by the DOJ under three different presidents since Juliana was first filed in 2015, with the Biden administration successfully dismissing the case this year.

By adhering to the DOJ's writ of mandamus and blocking a ruling by U.S. District Court Judge Ann Aiken, who late last year had decided in favor of giving the plaintiffs a court trial, the 9th Circuit Court of Appeals panel "did not follow the rule of law and precedent, and flagrantly disregarded the limits Congress and the Supreme Court placed on its jurisdiction," said Our Children's Trust on Thursday.

"Today, I'm asking the Supreme Court to correct the 9th Circuit's abuse of the rules meant to protect our ability as young citizens to bring cases against our government. The rule of law and our constitutional democracy depend on it," said one plaintiff named Avery. "If you care about justice, fundamental rights, and the preservation of our democracy, you care about Juliana. This case is about addressing the climate crisis and protecting our fundamental rights like our right to life and freedom. However, it is also about ensuring access to justice. I urge the Supreme Court to make a decision that will make their children, grandchildren, and all future generations proud. Let us go to trial."

Our Children's Trust noted that the panel of judges appointed by former Republican President Donald Trump attempted to "obscure" their ruling in May "by issuing a brief, unpublished order."

"Such actions undermine the integrity of the judiciary and threaten the fairness of the legal process for citizen litigants who are not wielding the power of the federal government's resources," the group said.

The 9th Circuit ruling also disregarded the Supreme Court's mandatory conditions for a writ of mandamus, which can only be granted if there is no other way to get relief from a "significant harm" caused by a lower court and if the right to relief is "clear and indisputable."

"The DOJ's petition did not even address or come close to meeting these criteria," said Our Children's Trust.

The group noted that the federal government's efforts to block a case in which young people are claiming the right to be protected from planetary heating and from diseases and premature death caused by pollution from fossil fuel infrastructure have gone on so long that the case's youngest plaintiff, who was eight when Juliana was filed, "can now drive and has spent more than half his life as a plaintiff waiting for trial in the face of the most aggressive litigation tactics ever to come out of the Department of Justice."

In federal civil cases that go to trial, a trial begins an average of 27 months from the case's first filing. Juliana was filed 109 months ago.

The writ of mandamus petition is necessary to correct the 9th Circuit's "overreach," said chief legal counsel Julia Olson. "Upholding these principles of fair process is vital for maintaining trust in our judicial system, regardless of what the justices may think about the merits of the case."

The petition was filed a day after Our Children's Trust sent a letter to the Biden administration asking officials to engage in meaningful settlement talks. Nearly 350,000 people signed petitions asking the administration to meet the demand, and the signatures were delivered Wednesday by 350.org co-founder Bill McKibben and Jerome Foster II, the youngest ever White House environmental justice adviser.

"Our ability to breathe clean air, drink clean water, and live free from the pollution harming our planet and our children are fundamental freedoms we risk losing," said McKibben, calling on the Biden administration to take the opportunity "to show [its] commitment to climate action, to youth, and to the future!"