Dear Friends and Supporters,

On Monday night, the 21 youth plaintiffs of Juliana v. United States filed a petition for rehearing en banc with the Ninth Circuit Court of Appeals. This petition asks the full Ninth Circuit Court of Appeals to convene a new panel of 11 circuit court judges to review January’s sharply divided ruling.

In the petition, the youth plaintiffs argue the full Court of Appeals should review the January decision for several reasons including the gravity of the case, the role of the courts keeping a check on the Executive branch, and the important role a judicial declaration that the government violated the youth plaintiffs’ constitutional rights would play in vindicating those rights. The petition also argues that the majority’s decision would have undone other landmark Supreme Court decisions protecting children's constitutional rights like Brown v. Board of Education, which determined that racial segregation in public schools was unconstitutional.

Lastly, the youth plaintiffs argue that, contrary to January’s majority opinion, they have legal standing, meaning they have the right to be heard by the federal courts. Judge Staton agreed in her dissent:

“My colleagues throw up their hands, concluding that this case presents nothing fit for the Judiciary. On a fundamental point, we agree: No case can single handedly prevent the catastrophic effects of climate change predicted by the government and scientists. But a federal court need not manage all of the delicate foreign relations and regulatory minutiae implicated by climate change to offer real relief, and the mere fact that this suit cannot alone halt climate change does not mean that it presents no claim suitable for judicial resolution.”

With Judge Staton’s powerful dissent, the strength of our evidence, and affirmation of the proper role of the courts to hold the government accountable, we are optimistic that the 11 judge panel will grant the en banc petition, reversing January’s majority decision and finally setting the case for trial.

Stand with the 21 young plaintiffs as we fight together to make the voices of youth heard by making a donation to Our Children's Trust today. The Juliana case is far from over and we need your continued support as we prepare for this 11 judge review.

Onward!