© 2022 KLCC

KLCC
136 W 8th Ave
Eugene OR 97401
541-463-6000
klcc@klcc.org

Contact Us

FCC Applications
Oregon's Willamette Valley seen from Eugene
NPR for Oregonians
Play Live Radio
Next Up:
0:00
0:00
Available On Air Stations

Trump Administration Keeps Trying To Get Rid Of Teen Climate Case

Kelsey1.jpg
Rachael McDonald
/

The Trump Administration is trying to get the 9th Circuit Court of Appeals to throw out the federal climate lawsuit brought by 21 youth plaintiffs. In the latest move, it’s asked for a writ of mandamus, a rarely used legal maneuver.

A Writ of Mandamus is when a higher court tells a lower court its decision is invalid. Federal Judge Ann Aiken of Eugene, last week, re-affirmed her decision that the case should go to trial. Plaintiffs’ attorneys say the request for a Writ of Mandamus is an aggressive move on the part of the government. They cite Yale Law Professor Douglas Kysar who says the writ is, quote, “…reserved for the most extraordinary and compelling situations in which ordinary rules of appellate procedure must be overridden to avoid a manifest injustice. For the Trump Justice Department to even seek a writ of mandamus in the current context is offensive to Judge Aiken, to the entire federal judiciary, and, indeed, to the rule of law itself.” Unquote. It’s unusual for an Appeals Court to rule on a case that hasn’t yet been decided. Juliana Versus the United States is in the discovery phase now and is expected to go to trial in early 2018. But the government is dragging its feet on producing discovery materials requested by the plaintiff’s attorneys.

More information: Our Children's Trust

Rachael McDonald is KLCC’s former News Director. Rachael has a BA in English from the University of Oregon. She started out in public radio as a newsroom volunteer at KLCC in 2000. After reporting for the Northwest News Network and KAZU, Rachael returned to KLCC in 2007 as Morning Edition host and a general assignment reporter covering politics, the environment, education, and the arts. She was hired as KLCC News Director in 2018. Rachael departed KLCC in June, 2022.
Related Content