this post was submitted on 18 Aug 2023
328 points (88.7% liked)
Not The Onion
12203 readers
466 users here now
Welcome
We're not The Onion! Not affiliated with them in any way! Not operated by them in any way! All the news here is real!
The Rules
Posts must be:
- Links to news stories from...
- ...credible sources, with...
- ...their original headlines, that...
- ...would make people who see the headline think, “That has got to be a story from The Onion, America’s Finest News Source.”
Comments must abide by the server rules for Lemmy.world and generally abstain from trollish, bigoted, or otherwise disruptive behavior that makes this community less fun for everyone.
And that’s basically it!
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I would rephrase it further. This is about the balance of powers in the government. The argument isn't that we don't have this right, it's that it isn't a Constitutional right.
Our existing Constitutional rights are more or less straightforward - "No one can prevent you from peacefully speaking your mind," aside from exceptions like fraud and credible threats. The judicial branch, the court system, is responsible for stopping wrongdoers and overturning laws that violate those rights.
By contrast, the proposed right, "No one can prevent you from having a stable climate where you live," is completely unenforceable by the courts.
The scope is too different: it's unclear what actions and laws would be in violation of that right. Would you be infringing on your neighbor's right to a stable climate because you drove your car to work when you could have ridden a bike? Is your city infringing on your right to a stable climate if it uses incandescent light bulbs in government offices, or fails to mandate solar panels on every roof?
The point being there is no Constitutional right to a stable climate because there's not really a way to directly violate that right in a way that the courts can enforce. Instead, it needs to be a policy decision passed by legislation with specific rules and actions in mind. That's a power reserved for Congress and not the courts.
Right. I certainly hope the case succeeds, but cants see how it can be based n Constitutional grounds. Montana is an anomaly because their Constitution did explicitly protect the environment
It seems like you’d have better luck arguing the EPA isn’t doing a sufficient job, or something