Yesterday, in a decision that history will judge as unjust and a dereliction of duty, the Washington State Court of Appeals ruled... 

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Dear Friends,

Yesterday, in a decision that history will judge as unjust and a dereliction of duty, the Washington State Court of Appeals ruled against 13 young plaintiffs inAji P. v. State of Washington ([link removed]) , denying the youths’ request to present evidence in court on how their state is taking actions that harm them by exacerbating the climate crisis.

We are angry and we are deeply disappointed in these judges. We know you are too. But we also know we are on the right side of justice and we will not be silenced.

It is the job of the judiciary to declare and protect constitutional rights, to grant access to our courts to present evidence on how rights have been violated, and to order remedies for these violations. The judiciary is the branch of government charged with the protection of constitutional rights, especially for those most vulnerable. They are also responsible for keeping the other branches of our government in check. Children cannot vote. They have no voice in the executive or legislative. So when the actions of our executive and legislative branches cause harm to our children, it is the unique responsibility of our courts to protect them.

“Since when have wildfires and my right to life been a political question? My constitutional right to live here in Washington should not be up for a vote. It’s an objective fact that climate change is impacting me, the political branches are making the problem worse, and the court should step up to protect my rights.”
- India B., Youth Plaintiff

Yesterday, the Washington State Court of Appeals incorrectly found the claims of these brave children that their government is harming them to be a “political question,” an issue only for elected officials to decide. The court effectively ruled that only political branches elected by the majority (of adults) have authority to decide if their energy and climate policy complies with the Washington Constitution, and that whatever those same political branches then do in that regard is not subject to judicial review for constitutional compliance. This reasoning is erroneous and dangerous.

Some might argue “Well, what if a more climate-focused government comes in and passes progressive climate policy. Wouldn’t that solve the problem?” No, because executive and legislative action is subject to the shifting tides of political opinion. What one President or Governor signs today can be reversed by the next administration tomorrow. And what one legislature passes today can be watered down or overridden by the next. A safe climate is a fundamental right. And fundamental rights must not be vulnerable to changing political opinions. Our courts are the only branch capable of protecting fundamental rights from the whims of the political majority. And that is exactly what the courts are meant to do - and what the Washington State Court of Appeals should have done in this case of immense import to children and their futures. It is shameful that they shirked from that responsibility as they did, effectively passing the buck for protecting our youth back to the very legislative and
executive branches that are causing the harm.

Photo by Alex Garland.

“I am really frustrated with the decision because the judges realize climate change is a big problem, but they say they don’t have the power to do anything about it. We have three branches of government for a reason. There should be a role for all of them to play. The court just isn’t brave enough to hear our case. I’m only 17 and I still can’t vote so climate change is not a political question for me.”
-Athena, Youth Plaintiff

We agree with India and Athena. Yesterday’s ruling was a sloppy, poorly-reasoned travesty, full of legal error, factual error, misquotes, egregious typos, and mischaracterizations of their case. But it is not the end of the road for this case, at all. Young people rely on the courts to protect their rights, their lives, and their futures so we will now petition the Washington Supreme Court to correct the many legal errors in this opinion. This decision simply cannot stand. We will continue to strive for justice on behalf of our children in the courts, because protecting their rights against the whims of the political branches is critical, and the role of the courts must not be erroneously delegated to politicians.

We will also continue to support these incredible youth plaintiffs who are leading the way towards justice and we ask that you do the same.

In solidarity,
The Team at Our Children’s Trust
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