Utah Supreme Court Oral Argument - Roussel v. State, 20230022 Part 2

Utah Supreme Court · September 5, 2024

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Plaintiffs' opening: immediacy and asserted life‑shortening harms

Presentation

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Plaintiffs' counsel opened by arguing the challenged statutes and policies create pervasive, inescapable conditions that are "taking years off the lifespans of the youth today," asserting scientific certainty will show present exposure shortens lives; counsel referenced League of Women Voters as precedent for recognizing fundamental rights without fixing precise boundaries.

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The Utah Supreme Court heard oral arguments on whether state statutes and policies promoting fossil fuel development could implicate a constitutional "right to life" claimed by youth plaintiffs; the justices focused on whether plaintiffs’ requested declaratory relief would be redressable or amount to an advisory opinion.

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Transcript

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