Expert Report of Catherine Smith, J.D.: Juliana v. United States

Authors

Catherine Smith, Washington and Lee University School of LawFollow

Document Type

Expert Report or Declaration

Publication Date

2018

Abstract

The Founders created the architecture for the rights of children to self-determination and protection from the sins of their forebears. A central tenet of our democracy is that government, including these federal defendants, should not deprive children (the next generation) of the foundational elements of their lives, liberties or property and should not impose hardships on them for matters of which they have no control. This historical tradition and intent of the Founders of our nation has not always been realized, but has evolved over time as our society gains new insights and understandings of children and our notions of equality.

Children have come from a place of being treated as objects and property, to having their rights more fully recognized. Though the intent of government has been clear throughout the presidential administrations throughout the twentieth century, much of that legal recognition has come from the courts.

Since the middle of the last century, the Supreme Court has slowly recognized the rights of children. In my expert opinion, the history and traditions of the nation, in combination with Supreme Court jurisprudence protecting the equal rights of children, require heightened scrutiny when government actions impose a lifetime of hardship on children for matters beyond their control, even where no fundamental right is at issue.

The federal defendants have operated and continue to operate and manage a large scale-government energy system that is damaging the Earth’s climate system in ways that endanger young people and burden them for the remainder of their lives. Children cannot vote. They are unequivocally a special class of people and based upon our nation’s history, our societal norms, and the law, these children deserve the courts’ heightened review of government systems which discriminate against them. Without such review, we threaten children as a class, the core of our democratic principles and future generations.

Recommended Citation

Expert Report of Catherine Smith, J.D.: Juliana v. United States, D. Or. No. 6:15-cv-01517-TC (filed Apr. 13, 2018).