Twenty-one young Americans ranging in age from 8 to 19 are suing the federal government for not doing enough to fight climate change.
To make their case, the young people are citing Supreme Court Justice Anthony M. Kennedy’s majority ruling in Obergefell v. Hodges legalizing gay marriage, in which Kennedy wrote,
The identification and protection of fundamental rights is an enduring part of the judicial duty to interpret the Constitution.
Freedom from environmental destruction, like gay marriage, now represents one of those fundamental rights, the plaintiffs argue.
“[The] grant of equitable jurisdiction requires…courts to apply the underlying principles of the Constitution to new circumstances unforeseen by the framers, such as the irreversible destruction of the natural heritage of our whole nation,” they write. “[We] have no adequate remedy at law to redress the harms herein, which are of a continuing nature and which, if left unresolved, will be irreversible.”
The group also alleges…
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