
As reported last month, the Oregon activist judge invited the plaintiffs in Juliana vs US to reopen that case even after the Ninth Circuit shot it down. Now we have a complete and thorough Motion from the defendant (US government) to dismiss this newest amended complaint. Most interesting is the section under the heading starting on page 30. Excerpts in italics with my bolds and added images.
Plaintiffs’ Claims Fail on the Merits
Because Plaintiffs’ action fails at the jurisdictional threshold, the Ninth Circuit never reached—and this Court need not reach—the merits of the claims. . . Plaintiffs’ second amended complaint, which supersedes the first amended complaint, asserts the same claims that were brought in the first amended complaint, which this Court addressed in orders that the Ninth Circuit reversed. Defendants thus renew their objection that Plaintiffs’ claims fail on the merits and should be dismissed pursuant to Fed…
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