By Todd Young
There’s a newly discovered fundamental right, rendered out of thin air by a federal district court in Oregon (yes, the Ninth Circuit, again!), and it threatens to undermine the entire architecture of the U.S. Constitution.
The plaintiffs in a climate change lawsuit are 21 children and young adults ranging in age from 9 to 20. Under the banner of the ultra-left Our Children’s Trust, the kids have asked the court to order the entire Executive branch to essentially ban nearly all global man-made carbon dioxide emissions and phase out all fossil fuel in order to “remediate” the climate. As ludicrous as this sounds, there is something far more damaging at play in this case.
According to a federal magistrate judge, and endorsed by a federal district court judge, this children’s crusade has won a critical victory even before a full trial and appeal — the fundamental “right” to “a climate system capable of sustaining human life.” Under a tortured Due Process analysis, the two judges have declared that the claims are entitled to “strict scrutiny,” the toughest judicial standard available. Why find a new right? Because the claims wouldn’t have survived the court’s lowest standard of review — rational basis. After all, the plaintiffs are…