The Department of Justice is wasting no time in seeking to put a swift end to the Juliana "Kids Climate Case."
Last month, DOJ filed a motion for a stay in the district court so that the federal government could file a writ of mandamus to dismiss the case before having to engage in meaningful trial preparations. The district court has not ruled on the motion (though the plaintiffs have filed a brief in opposition). Nonetheless, on Friday the Justice Department filed its petition for a writ of mandamus with the U.S. Court of Appeals for the Ninth Circuit.
I doubt Judge Aiken will grant the Justice Department's motion (especially now) but I suspect the Ninth Circuit may look more favorably on the Justice Department's petition–and if they do not, this case could easily wind up back on the Supreme Court's docket.
