'We'll See You in Court': Kids Climate Lawsuit Moves Forward After Judge Denies Trump
The three-judge panel with the Ninth Circuit Court of Appeals in San Francisco denied the White House's writ of mandamus petition filed in June, a rarely used legal maneuver that would have dismissed Juliana v. United States.
In the unanimous decision Wednesday, Chief Judge Sidney R. Thomas called the petition a "drastic and extraordinary remedy reserved for really extraordinary causes" and the Trump administration's motion did not satisfy that standard.
"The issues that the defendants raise on mandamus are better addressed through the ordinary course of litigation," Thomas wrote, thus allowing the case to move forward.
Trump Administration Seeks 'Drastic Remedy' to Derail Kids Climate Lawsuit https://t.co/ll68Hn8xIn @zerocarbonworld @EUClimateAction— EcoWatch (@EcoWatch)1497174904.0
"The Ninth Circuit just gave us the green light for trial," said Julia Olson, the chief legal counsel for Our Children's Trust, the organization spearheading the lawsuit. "We will ask the district court for a trial date in 2018 where we will put the federal government's dangerous energy system and climate policies on trial for infringing the constitutional rights of young people."
Juliana v. United States was filed in 2015 on behalf of 21 young people who argue that their constitutional and public trust rights are being violated by the government's failure to take significant action on global climate change.
The Center for Biological Diversity, one of many environmental organizations that filed an amicus brief in support of the suit, celebrated the news.
"This is a huge victory for young people fighting to protect their future from climate chaos," Kassie Siegel, the director of the Center for Biological Diversity's Climate Law Institute, said. "It should be the case that forces the government to reverse its stance on climate change and take the rapid, ambitious action we need."
The young plaintiffs are looking forward to seeing the case go to trial.
"I'm grateful that my fellow plaintiffs and I can have our voices heard, and that climate science can have its day in court," Victoria Barrett, an 18-year-old plaintiff from White Plains, New York, said. "The Trump administration tried to avoid trial, but they can't ignore us. Our future is our choice and I believe the courts will stand with our constitutional rights."
Kiran Oommen, a 21-year-old plaintiff from Seattle, Washington, added: "The question of the last few years has not been 'do we have a case' but rather 'how far will the federal government go to prevent justice.' We have seen that they are willing to go to many lengths to cover up their crimes and maintain the status quo, but not even the Trump administration can go far enough to escape the inevitable tide of social progress. The Ninth Circuit's decision affirms that we are on the side of justice, and for justice we are moving forward. We'll see you in court."
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Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.
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It is undisputed that vitamin D plays a role everywhere in the body and performs important functions. A severe vitamin D deficiency, which can occur at a level of 12 nanograms per milliliter of blood or less, leads to severe and painful bone deformations known as rickets in infants and young children and osteomalacia in adults. Unfortunately, this is where the scientific consensus ends.
Where Does the Deficiency Begin?<p>Nobody knows exactly how much vitamin D a person actually needs. The question of when a deficiency starts is correspondingly controversial. However, vitamin D is becoming increasingly popular.Not only is the pseudo-scientific literature on the "sun vitamin" experiencing an upswing, but the number of published studies has also increased enormously in recent years. For example, in 2019 <a href="https://academic.oup.com/edrv/article/40/4/1109/5126915" target="_blank">a study found that</a> Vitamin D is responsible for keeping the skeleton functional and is associated with cardiovascular diseases, type 2 diabetes and various types of cancer. <br></p>
An All-Rounder<p>Vitamin D levels in the body rise and fall according to sun exposure. If sufficient UV rays reach the skin, the body is able to produce the vitamin itself. However, the human body only derives an estimated 10 to 20 percent of its daily requirement from food.</p><p>The vitamin D that we synthesize from sunlight or food is not biologically active at first. Before the kidneys can produce the biologically active form of the vitamin, known as calcitriol, and release it into the blood, some metabolic processes must take place beforehand.</p><p>In addition, many organs have receptors to which the precursor of calcitriol binds. Further, this substance is also present in blood.</p><p>From this precursor, the organs then produce calcitriol themselves, which the body then uses for countless other processes in the body. This form of vitamin D thus regulates insulin secretion, inhibits tumor growth, and promotes the formation of red blood cells as well as the survival and activity of macrophages, which are important for the <a href="https://www.mdpi.com/2072-6643/5/7/2502/htm" target="_blank">immune system.</a></p>
Low Vitamin D, Severe COVID-19 Disease?<p>A research study carried out <a href="https://www.sciencedirect.com/science/article/pii/S2352364620300067?via%3Dihub" target="_blank">at the University of Hohenheim</a> has now established a link between vitamin D deficiency, certain previous diseases, and severe cases of COVID-19.</p><p>According to the study, "there is a lot of evidence that several non-communicable diseases (high blood pressure, diabetes, cardiovascular diseases, metabolic syndrome) are associated with low vitamin D plasma levels. These comorbidities, together with the often accompanying vitamin D deficiency, increase the risk of severe COVID-19 events."</p><p>"This statement is completely correct," said Martin Fassnacht, head of endocrinology at the University Hospital of Würzburg. However, he qualifies that it is a pure association, "i.e. a mere observation that these events occur together.</p><p>Dr. Fassnacht is very critical of the hype surrounding vitamin D, but not because he denies the vitamin serves important functions. However, studies on humans have not been able to show that vitamin D has the healing powers many often propagate.</p><p>Fassnacht says, "If you take a closer look, the hopes that the administration of vitamin D has a healing effect have not been confirmed so far."</p>
Association Versus Intervention Studies<p>Many studies on the vitamin are association or observational studies. "By definition, these studies cannot prove the causal relationship, but only point to mere correlations," said Fassnacht. The physician tries to illustrate this with an example:</p><p>"Imagine two groups of 80-year-olds. One group is spry, active and does sports. If you compare them with another group living in nursing homes, the difference in vitamin D levels will be dramatic. Life expectancy would also be extremely different."</p><p>But to try to explain the difference in fitness by vitamin D status alone is far too simplistic. "Vitamin D levels are a good measure of how sick someone is. But not more," says Fassnacht. </p><p>According to Fassnacht, none of the intervention studies carried out to date -- that specifically examined the effect of vitamin D on various diseases -- has been able to confirm the previous association and laboratory studies or the presumed positive effect of vitamin D.</p>
Further Research Is Needed<p>"If a coronavirus infection is suspected, it is therefore absolutely necessary to check the vitamin D status and quickly correct any possible deficit," said the recommendation of the paper published by the University of Hohenheim.</p><p>"Studies are underway to see whether vitamin D helps in COVID-19 infection, but I personally do not believe that this is really the case," says endocrinologist Fassnacht. Nevertheless, he says it is of course useful to carry out these studies.<br></p><p>"I don't want to rule out that there are actually subgroups of people who benefit from an additional vitamin D dose," he says. After all, this has been proven to be the case with a severe deficit.</p><p>In view of the study situation, Fassnacht does not think much of preventive, nationwide vitamin D substitutes. "My belief that the vitamin helps somewhere is very low. But, of course, I can be wrong."</p>
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