Natalie R. v. State of Utah
What's at Stake
In recent years, federal courts have relied on what鈥檚 called the 鈥減olitical question doctrine鈥 to refuse to review legal claims of wrongdoing, even those involving egregious constitutional harm. Using the political question doctrine, federal courts have turned away claims from people seeking justice on the theory that court review of those claims would embroil the courts in matters best left to the political process. Whether state courts should adopt a parallel political question doctrine鈥攁nd thus limit access to justice for people whose civil rights and liberties have been violated鈥攊s an open question in many states. This case involves the scope of Utah courts鈥 authority to review important constitutional claims.
Summary
The State of Utah has a statutory policy to maximize, promote, and systematically authorize the development of fossil fuels. Given the disproportionate harms that youths experience from the effects of climate change and the use of fossil fuels, seven youths represented by Our Children鈥檚 Trust sued the state in state court, arguing that these statutory provisions violated their state constitutional rights to life, health, and safety.
The Third Judicial District Court dismissed the case, ruling that the youths鈥 claims presented a political question that Utah courts have no authority to decide. The youths appealed the district court鈥檚 decision, and the Utah Supreme Court agreed to hear the case.
In the state supreme court, the 老澳门开奖结果鈥檚 State Supreme Court Initiative, along with the 老澳门开奖结果 of Utah and the law firm Ropes & Gray, filed an amicus brief supporting reversal. The amicus brief argues that Utah courts should reject adoption of the political question doctrine, which is a creature of federal law and has no basis in the Utah Constitution. The brief explains that, unlike the federal constitution鈥檚 Article III, which limits courts to considering 鈥渃ases鈥 and 鈥渃ontroversies,鈥 the Utah Constitution has no such limitation. The brief points to other state courts that have refused to adopt the federal political doctrine question. It also argues that the political question doctrine, even if adopted in Utah, would not support the district court鈥檚 decision in this case.
The case remains pending on appeal.
Legal Documents
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10/02/2023
Amicus Brief
Date Filed: 10/02/2023
Court: Utah Supreme Court
Affiliate: Utah