July 31, 2018 Update: The U.S. Supreme Court denied the government’s “emergency” motion. So the case is back on track, with pre-trial motions pending in the Federal District Court and trial scheduled to begin on October 29, 2018.
On Tuesday, July 17, in their most desperate attempt to stop the trial in Juliana v. U.S., the U.S. government, defendants filed a rare application for an “emergency” stay with the United States Supreme Court, asking the Supreme Court to halt discovery and trial now scheduled for October 29 in the U.S. District Court of Oregon.
In doing so, the government defendants went above the U.S. Court of Appeals for the Ninth Circuit, who on Monday had denied the government’s similar request to stop important U.S. District Court proceedings in the case.
On Wednesday, July 18, Judge Ann Aiken heard oral arguments on two motions filed by the Trump Administration that requested the U.S. District Court for the District of Oregon to also stop this case from going to trial.
Read more about Wednesday’s hearing in Eugene in Our Children’s Trust press release. They expect Judge Aiken to rule on these two motions in the coming weeks.
The government’s extraordinary attempts to avoid trial and the ordinary way cases move through the courts have no legal grounding.
Juliana is Now Pending at All Three Levels of the Federal Judiciary
As a result, the 21 youth plaintiffs are now in the remarkably unusual position of opposing the government’s efforts to prevent their case from going to trial at all three levels of the federal judiciary simultaneously: the U.S. District Court, the U.S. Court of Appeals, and the U.S. Supreme Court.
The trial schedule has already been set by the U.S. District Court, the government’s pre-trial arguments have already been heard and denied by both the U.S. District Court and the U.S. Court of Appeals, and each of the government’s recent attempts to stay proceedings have been rejected. Next, youth plaintifs hope the Supreme Court will see through this hollow attempt to derail the ordinary judicial process and also reject the government’s application for stay. That application is being considered by Justice Kennedy, who has ordered the youth plaintiffs to file their opposition to the government’s application by Monday, July 23. In the interim, trial remains on schedule for October 29.
Help At This Critical Time And Your Support Will Be Doubled!
In what is a highly unusual circumstance, these brave young plaintiffs are now arguing simultaneously before every level of court in the federal judiciary. Whether you can contribute $25, $250, $2500, or $25,000, please help them defeat the government’s attempts to obstruct their liberty and silence their voices. Your gift of any amount will be matched up to $25,000 and any new single gift of $25,000 from a new donor will also be matched! Thank you for your support. These youth cannot defend their right to liberty without your help.
Read more about this extraordinary, youth-led legal action at Our Chidren’s Trust.
Keep up with latest developments through their Press Releases.
[Note: AWTT news text based on 7/20/18 mass email from Our Children’s Trust]