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Davis Joins Brief in Support of Youth for Protection from Human Caused Climate Change

03/16/20
Congressman Danny K. Davis has joined with Senators. Jeff Merkley of Oregon, Cory A. Booker of New Jersey, Tom Carper of Delaware, Edward J. Markey of Massachusetts, Brian Schatz of Hawaii, Chris Van Hollen of Maryland, Sheldon Whitehouse of Rhode Island, and Ron Wyden of Oregon and Representatives Jan Schakowsky of Illinois, Earl Blumenauer of Oregon, Yvette D. Clarke of New York, Judy Chu of California, Peter DeFazio of Oregon, Nanette Diaz Barragán of California, Adriano Espaillat of New York, Raúl Grijalva of Arizona, Debra Haaland of New Mexico, Jared Huffman of California, Sheila Jackson Lee of Texas, Barbara Lee of California, Jackie Speier of California, Rashida Tlaib of Michigan, and Debbie Wasserman Schultz of Florida in an amici curiae brief in support of petition for rehearing en banc 
 
 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 
KELSEY CASCADIA ROSE JULIANA, et al., 
Plaintiffs-Appellees, 
v. 
UNITED STATES OF AMERICA, et al., 
Defendants-Appellants. 
 
which argues 
 
A) The Court must exercise its duty as neutral arbiter to assess the constitutionality of the conduct that violates the Youth Plaintiffs’ fundamental rights to life, liberty, and property and
 
B) The Court has authority to require Youth Plaintiffs’ injuries to be remedied despite the inappropriate politicization of climate change 
 
The brief states in summary:
 
We, members of Congress, believe that these Youth Plaintiffs’ fundamental rights to life, liberty, and property, and the access to the essential resources they need to survive are being stripped by a man-made climate crisis caused, in large part, by our nation’s perpetuation of “carbon emissions from fossil fuel production, extraction, and transportation.” Juliana v. United States, No. 18-36082, 2020 WL 254149 (9th Cir. Jan. 17, 2020), App. 20. The Court must exercise its duty as a neutral arbiter, not influenced by majoritarian politics, to assess the conduct of its coequal branches and evaluate the constitutionality of the conduct that violates the fundamental rights of these children and future generations. All three branches of government have “more than just a nebulous ‘moral responsibility’ to preserve the Nation.” Juliana, No. 18-36082, 2020 WL 254149, App. 36. Not only does the Court have the power to provide declaratory relief and to order Defendants to develop a plan to curb greenhouse gas emissions to combat climate change, the judiciary as a whole has the duty to remedy the Youth Plaintiffs’ constitutional
injuries despite the inappropriate politicization of climate change.Congressman Danny K. Davis has joined with Senators. Jeff Merkley of Oregon, Cory A. Booker of New Jersey, Tom Carper of Delaware, Edward J. Markey of Massachusetts, Brian Schatz of Hawaii, Chris Van Hollen of Maryland, Sheldon Whitehouse of Rhode Island, and Ron Wyden of Oregon and Representatives Jan Schakowsky of Illinois, Earl Blumenauer of Oregon, Yvette D. Clarke of New York, Judy Chu of California, Peter DeFazio of Oregon, Nanette Diaz Barragán of California, Adriano Espaillat of New York, Raúl Grijalva of Arizona, Debra Haaland of New Mexico, Jared Huffman of California, Sheila Jackson Lee of Texas, Barbara Lee of California, Jackie Speier of California, Rashida Tlaib of Michigan, and Debbie Wasserman Schultz of Florida in an amici curiae brief in support of petition for rehearing en banc 
Congressman Danny K. Davis has joined with Senators. Jeff Merkley of Oregon, Cory A. Booker of New Jersey, Tom Carper of Delaware, Edward J. Markey of Massachusetts, Brian Schatz of Hawaii, Chris Van Hollen of Maryland, Sheldon Whitehouse of Rhode Island, and Ron Wyden of Oregon and Representatives Jan Schakowsky of Illinois, Earl Blumenauer of Oregon, Yvette D. Clarke of New York, Judy Chu of California, Peter DeFazio of Oregon, Nanette Diaz Barragán of California, Adriano Espaillat of New York, Raúl Grijalva of Arizona, Debra Haaland of New Mexico, Jared Huffman of California, Sheila Jackson Lee of Texas, Barbara Lee of California, Jackie Speier of California, Rashida Tlaib of Michigan, and Debbie Wasserman Schultz of Florida in an amici curiae brief in support of petition for rehearing en banc 
 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 
KELSEY CASCADIA ROSE JULIANA, et al., 
Plaintiffs-Appellees, 
v. 
UNITED STATES OF AMERICA, et al., 
Defendants-Appellants. 
 
which argues 
 
A) The Court must exercise its duty as neutral arbiter to assess the constitutionality of the conduct that violates the Youth Plaintiffs’ fundamental rights to life, liberty, and property and
 
B) The Court has authority to require Youth Plaintiffs’ injuries to be remedied despite the inappropriate politicization of climate change 
 
The brief states in summary:
 
We, members of Congress, believe that these Youth Plaintiffs’ fundamental rights to life, liberty, and property, and the access to the essential resources they need to survive are being stripped by a man-made climate crisis caused, in large part, by our nation’s perpetuation of “carbon emissions from fossil fuel production, extraction, and transportation.” Juliana v. United States, No. 18-36082, 2020 WL 254149 (9th Cir. Jan. 17, 2020), App. 20. The Court must exercise its duty as a neutral arbiter, not influenced by majoritarian politics, to assess the conduct of its coequal branches and evaluate the constitutionality of the conduct that violates the fundamental rights of these children and future generations. All three branches of government have “more than just a nebulous ‘moral responsibility’ to preserve the Nation.” Juliana, No. 18-36082, 2020 WL 254149, App. 36. Not only does the Court have the power to provide declaratory relief and to order Defendants to develop a plan to curb greenhouse gas emissions to combat climate change, the judiciary as a whole has the duty to remedy the Youth Plaintiffs’ constitutional
injuries despite the inappropriate politicization of climate change.

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