Many issues, especially potential environmental catastrophes caused by climate change, affect not just the living, but also future generations. Indeed, climate change is likely to have greater impacts on those living fifty or one hundred years from now than those alive today. Many commentators have observed that the American political system does not adequately protect the interests of future generations. Because the unborn cannot vote in today’s elections, elected officials, including the President and Congress, normally focus on the short-term interests of current voters and largely ignore long-term problems that will arise after they have left office or died. The bias in our political system against addressing the interests of future generations poses serious obstacles in solving long-term environmental problems such as global warming. ... Because future generations cannot vote, unelected federal judges are more suited to protect their interests than the political branches. ... Despite the “actual and imminent” requirement limitation of suits on behalf of future generations, the Massachusetts decision supports the protection of future generations in some circumstances.
THE JOURNAL
Vol. 35No. 1

