Judges around the country are making quick work of climate lawfare, a welcome development following the U.S. Supreme Court declining to confront the issue earlier this year.  

In recent months, three judges in Maryland and New York have dismissed climate-change lawsuits from public litigants who accuse energy companies of harming communities through emissions and concealing those harms from the public. Their decisions suggest an emerging consensus that federal law does not permit these kinds of claims, which fail on their own terms in all events.  

More than two dozen cities and states have filed nearly identical climate-change lawsuits, creating significant risk for energy companies and consumers who enjoy the quality of life cheap and abundant power provides. 

NJ LAWSUIT CLAIMING OIL COMPANIES CAUSE CLIMATE CHANGE DEALT MASSIVE BLOW IN COURT

The plaintiffs pleaded state law claims accusing the defendants of creating a public nuisance and deceiving the public. The energy companies have raised a variety of defenses. Their principal defense is that the climate claims are preempted by the Clean Air Act, which assigns emissions regulation to the Environmental Protection Agency, with limited carve-outs for states that do not apply in the instant cases.  

Taken together, the recent decisions clarify the fundamental political goals of climate litigants. In dismissing the city of Baltimore’s climate lawsuit, Judge Videtta Brown explained that a successful state law climate claim “would operate as a de facto regulation on greenhouse gas emissions,” echoing the like conclusions of the Second and Ninth U.S. Circuit Courts of Appeal.  

The reason for that is obvious. In these cases, the energy providers face liability unbound. The prospective damages are so high that the defendants would fundamentally alter their business practices. That is the policy outcome the plaintiffs intend, which makes the preemption issue straightforward.  

Indeed, U.S. District Judge William Alsup speculated that climate lawfare threatens the continued viability of fossil fuel production altogether. When dismissing Oakland’s climate change lawsuit in 2021, Alsup wrote that the damages sought “would make the continuation of defendants’ fossil fuel production ‘not feasible.’” 

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Public reporting about the origins of the climate nuisance, fraud and misrepresentation cases fills out the picture. News accounts establish that a skillful network of academics, lawyers, celebrities and leftwing foundations are at work behind the scenes, at once incubating new legal theories and lining up financing. These facts aren’t necessarily germane for a court, but reasonable onlookers should not be obtuse about what’s going on here.  

Apart from the preemption issues, a Jan. 14 decision in New York clarifies that climate deception suits don’t meet the requirements of a misrepresentation tort. As above, the reason is obvious.  

“The connection between fossil fuels and climate change is public information,” Judge Anar Rathod Patel wrote in dismissing the second of New York City’s climate change lawsuits. Courts have determined that “a reasonable consumer cannot have been misled” when the plaintiff does not identify salient facts that the defendant alone possessed.  

The climate misrepresentation claims rest on a contradiction. The plaintiffs maintain that the public is broadly aware of climate change, and that “climate anxiety” shapes economic and political choices. But those same consumers have supposedly been deceived by the energy companies and kept in the dark about the connection between fossil fuels and a changing climate. As Patel wrote, the plaintiffs “cannot have it both ways.”  

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Just as climate extremists try vandalism to get attention, they use legal strategies. Only the legal strategies could have far-reaching impact if they succeed. FILE: Bystanders attempt to stop two activists with Just Stop Oil as they spray orange powder paint on the ancient Stonehenge monument in the United Kingdom. (Just Stop Oil /TMX )

Rebranding extreme social engineering as environmental or consumer protection is an old liberal trick. Ironically, the pioneer of this tactic, Ralph Nader, contributed to the current climate policy problem with his successful “pro-consumer, pro-safety” crusade against nuclear power in the 1970s.   

I am not sure that the Supreme Court is clear of climate lawfare. While most courts confronting the late wave of climate lawsuits have dismissed them, a few have allowed them to proceed to discovery and trial. The existing split in authorities thus seems like to grow. And the plaintiffs need only prevail in a handful of cases to extract the changes they seek. But it is surely positive for consumers and for the rule of law that the prevailing trend is against the plaintiffs. 

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Wheaton College apologized for a since-deleted Facebook post calling for prayers for Russ Vought after receiving intense online backlash.

On Friday, the Illinois university posted their congratulations to Vought for being confirmed as the director of the Office of Management and Budget (OMB) after a 53-47 Senate vote.

“Wheaton College congratulates and prays for 1998 graduate Russell Vought regarding his senatorial confirmation to serve as the White House Director of the Office of Management and Budget!” the post read, featuring a photo of Vought.

However, the post was later removed on Saturday and replaced with a new one explaining the situation.

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“On Friday, Wheaton College posted a congratulations and a call to prayer for an alumnus who received confirmation to a White House post. The recognition and prayer is something we would typically do for any graduate who reached that level of government. However, the political situation surrounding the appointment led to a significant concern expressed online. It was not our intention to embroil the College in a political discussion or dispute. Our institutional and theological commitments are clear that the College, as a non-profit institution, does not make political endorsements. Wheaton College’s focus is on Christ and His Kingdom,” the post read.

It also linked to the Christian school’s institutional statements which emphasized Wheaton College was a “deliberately non-partisan institution.”

“With respect to electoral politics, Wheaton College is a deliberately non-partisan institution. This is both for missional purposes and legal reasons. Within the evangelical community—both domestically and internationally—we encompass a spectrum of political perspectives,” the statement read. “The College’s moral commitments on the sanctity of life, human sexuality, ethnic diversity, racial unity, justice, poverty, and stewardship intersect with politics complexly, not simplistically, especially in a two-party system. We invite our campus community to examine diverse perspectives in the light of Scripture, to listen well to others, and to discuss political views with Christian charity.”

Wheaton College faced more online backlash after apologizing for its Facebook post about Vought. (Al Drago)

In a statement to Fox News Digital, Wheaton College responded, “The social media post led to more than 1,000 hostile comments, primarily incendiary, unchristian comments about Mr. Vought, in just a few hours. It was not our intention to embroil the College or Mr. Vought in a political discussion or dispute. Thus, we removed the post, rather than allow it to become an ongoing online distraction. This was in no way an apology for having expressed congratulations or for suggesting prayers for our alumnus.”

Wheaton College’s apology faced its own backlash on X with people accusing the school of caving to a left-wing mob.

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“Apparently @WheatonCollege isn’t happy for its graduates who attain one of the most powerful positions in the U.S. government unless they’re progressive,” Utah Republican Sen. Mike Lee wrote.

Conservative podcast host Allie Beth Stuckey posted, “Wheaton is the epitome of the ‘mushy middle,’ the group of spineless evangelicals who believe their ‘nuance’ and ‘winsomeness’ are appropriate replacements for clarity and courage. Absolutely shameful display of cowardice.”

“Incredibly weak and embarrassing,” Townhall.com senior columnist Spencer Brown wrote.

Bahnsen Group founder David Bahnsen wrote, “This is just the absolutely lamest, most embarrassing thing imaginable. First of all, you didn’t make a political endorsement – you congratulated an alumnus for receiving a major appointment and said you would PRAY for him. Second, when you say your focus is on Christ and His Kingdom and go on to define that as something which politics are excluded from, you WRONGLY diminish the Biblical definition of Kingdom. Third, admitting you took down a ‘call to prayer’ because people online were mad at you is rank cowardice. Parents should take note of @WheatonCollege boldness and courage when considering your school for their young adult children, because this is seriously pathetic.”

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Vought responded to the news in a blunt comment on Saturday.

“SAD!” Vought wrote.

Officials at the Texas Department of State Health Services (DSHS) warn there is a growing measles outbreak involving school-aged children.

The report said that 10 cases have been identified in Gaines County and eight of the cases are school-aged children, of which two are under the age of 5. All were unvaccinated cases, said officials.

“Due to the highly contagious nature of this disease, additional cases are likely to occur in Gaines County and the surrounding communities,” the alert said.y

Seven of the cases have been hospitalized, according to the Texas DSHS.

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The rise in cases comes more than two decades after measles was reported eliminated by health agencies in 2000.

This week’s alert went on to advise that additional cases are likely to occur soon.

“Due to the highly contagious nature of this disease, additional cases are likely to occur in Gaines County and the surrounding communities,” they said.

Measles concept as a deadly outbreak immunize,disease and viral illness as a contagious chickenpox or a skin rash in a 3D illustration style. (Photo: iStock) (iStock)

Officials urged people to immediately report any suspected cases to their local health department with the infected person in their presence. 

DSHS said the virus can be transmitted through direct contact with infectious droplets or airborne and spread when an infected person breathes, coughs, or sneezes. They also warned that the virus can remain infectious in the air for up to two hours after an infected person leaves an area.

Vaccination is the best way for people to avoid infection from measles and other preventable diseases, the advisory said. 

“Children too young to be vaccinated are more likely to have severe complications if they get infected with the measles virus,” DSHS said. 

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The CDC on Thursday, April 11, 2024 released a report on recent measles case trends, noting that cases in the first three months of this year were 17 times higher than the average number seen in the first three months of the previous three years. (AP Photo/Seth Wenig, File)

The report claims that each MMR dose lowers the risk of infection and the severity of illness if infected.

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“DSHS and CDC’s Advisory Committee on Immunization Practices (ACIP) recommend children receive one dose of MMR vaccine at 12 to 15 months of age and another at 4 to 6 years. Each MMR dose lowers the risk of infection and severity of illness if infected. Children too young to be vaccinated are more likely to have severe complications if they get infected with the measles virus,” according to their reports.

In January, the Houston Health Department confirmed two cases of measles, prompting a health alert from the state. They were the first cases in Texas since 2023. Both cases were unvaccinated adults and had traveled internationally.

Vice President JD Vance has emerged as a key player in President Donald Trump’s effort to close the deal with senators and move his Cabinet nominees through the at-times difficult confirmation process. 

Vance is becoming an increasingly trusted voice among Republican senators, sources familiar shared with Fox News Digital. 

Republicans in the upper chamber also view the vice president as an honest broker in their talks about how to push Trump’s agenda forward, sources added, noting that this had established trust in Vance. 

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When it came to getting two of Trump’s most controversial nominees past their respective committees, Vance stepped up to assist, sources said.

Both Director of National Intelligence (DNI) nominee Tulsi Gabbard and Secretary of Health and Human Services (HHS) nominee Robert F. Kennedy Jr. faced uncertainty ahead of key hurdles in the Senate Select Committee on Intelligence and the Senate Committee on Finance, respectively. 

Each committee housed potentially hesitant Republicans, who expressed initial uncertainty about the nominees. During the crucial committee-level votes, Gabbard and Kennedy could not afford to lose even one Republican’s support.

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Tulsi Gabbard, President Donald Trump’s nominee to be director of national intelligence, arrives to testify during her confirmation hearing before the Senate Intelligence Committee in the Dirksen Senate Office Building on Jan. 30, 2025 in Washington, D.C. (Getty Images)

Ultimately, Gabbard earned the support of moderate Sen. Susan Collins, R-Maine, in addition to the last-minute backing of Sen. Todd Young, R-Ind.

Similarly, Kennedy managed to snag Young’s support before the committee vote, and holdout Sen. Bill Cassidy, R-La., a doctor, announced his plan to vote for the nominee just minutes before it took place. 

To lock down these votes, a significant effort was underway behind closed doors — which included Vance’s crucial counsel to the senators. 

The vice president spoke to both Young and Cassidy several times in the days leading up to the recent committee votes that saw Gabbard and Kennedy advance to the Senate floor, the sources told Fox News Digital. In those conversations, Vance talked through any remaining concerns the senators had with the nominees.

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Vice President JD Vance had several conversations with both Sen. Bill Cassidy and Sen. Todd Young, right. (Getty Images/ Reuters)

A number of other administration officials had phone calls with Young and Cassidy, as well, also helping to parse through their lingering doubts.

Vance’s conversations proved persuasive, in part because of his long-maintained relationships with both senators, whom he served with up until January, the sources detailed. 

“I think he’s been tasked with this role because of his preexisting relationship with us,” Young told reporters. 

According to the senator, Vance was respectful and actually “listened a lot more than he talked.”

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Vice President JD Vance served in the Senate until last month. (AP Photo/Alex Brandon)

The vice president was also “effective” in getting the necessary concessions that Young, in particular, needed to get to a yes on the nominees. 

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“He came through, he delivered for me, and I’m grateful for that,” Young said, noting he also delivered for Trump. 

The Indiana senator further explained he has “a certain affinity for Senator Vance,” adding, “He’s a Midwesterner. He is a U.S. Marine. And we share a lot of concerns about people who are left behind and overlooked and underprivileged.”

New research has confirmed a common-sense conclusion — with some important takeaways.

People with a more positive outlook on life came through the COVID pandemic better than others did, scientists found. Not only that, adults with high levels of “playfulness” showed stronger resilience during the lockdowns compared to more serious individuals.

These people excelled at “lemonading,” creatively imagining and pursuing the positive, according to research just published in Frontiers in Psychology.

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Study leader Xiangyou “Sharon” Shen of Oregon State University (OSU) said the findings are important because playfulness is an underappreciated resource for building resilience and maintaining well-being during difficult periods such as the pandemic, as news agency SWNS reported of the research. 

Shen emphasized that it’s a characteristic that people can develop.

An assistant professor in the OSU College of Forestry and director of the Health, Environment and Leisure Research (HEAL) lab, Shen said, “Understanding how playful people navigate adversity can inform interventions and strategies to help people cope with stress and uncertainty.”

She added that “this is particularly relevant as we face increasing global challenges that require realistic assessment and creative adaptation,” as SWNS noted.

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Chronic stress, she said, is a “significant” public health concern.

It’s linked to a range of health issues, from heart disease and diabetes to depression and anxiety.

“They actively altered challenging situations.”

Dr. Marc Siegel, Fox News’ senior medical analyst and a clinical professor of medicine at NYU Langone Medical Center, shared insights on the study (he was not involved in the research).

“Playfulness and humor, plus expressions of love and happiness, have been shown to increase oxytocin in the brain, the happy hormone that lowers blood pressure, lowers stress levels, and improves overall health,” said Siegel.

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“Humor, love and other positive emotions pass through the deep centers of the brain (pre-frontal cortex/amygdala), which also harbor fear, anxiety and worry,” he said. “So it is impossible to feel both positive and negative emotions at the same time — and the former emotions are much healthier.”

Siegel said that we can learn a lesson from those who were more inventive during the pandemic. 

People who are more playful “manage to infuse quality and enjoyment into everyday activities,” said the researchers of a new study.  (iStock)

“While it has been shown that remote learning and decreased socialization coupled with increased social media and cell phone use led to increases in anxiety, depression and substance abuse during the pandemic and immediately after, at the same time, families who used this time to encourage play and creative solutions can apply this going forward for better health outcomes,” he said. 

Shen of Oregon State University, along with researcher Zoe Crawley of the HEAL lab, broke the study of more than 500 U.S. adults into two separate groups. 

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They divided the participants into two cohorts — those with higher levels of playfulness, as measured by the Adult Playfulness Trait Scale, and those with lower levels of the same quality. 

They found “ways to create moments of joy even in difficult circumstances.”

Those who were more playful, said Shen, “shared similar perceptions of risk and protective factors as their less playful peers, but demonstrated greater optimism when envisioning future possibilities, engaged in more creative problem-solving and managed to infuse quality and enjoyment into everyday activities.”

“Playfulness doesn’t distort reality — it enhances it,” a new study notes. (iStock)

She added, “They actively altered challenging situations, found creative substitutes for what was lost, viewed obstacles as opportunities … and maintained a strong sense of control over their responses.”

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Revealingly, she said that while the “highly playful” people didn’t necessarily do different activities or do them more often than the less playful people, they experienced the activities with higher quality — greater immersion, activeness and positive affect.

“This is essentially making lemonade from lemons,” said Shen, “and it’s connected intimately with resilience.”

Even spending just 5 to 10 minutes a day on “a small dose of play” can make a “meaningful difference,” said the researchers. (iStock)

Shen emphasized that the more positive and playful people “were just as realistic about COVID-19 risks and challenges as others — but they excelled at ‘lemonading.'”

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They discovered “ways to create moments of joy even in difficult circumstances.”

Said Shen, “Playfulness doesn’t distort reality — it enhances it.”

She said that regularly setting aside time for play can be “instrumental.”

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It provides a safe space to express and practice playfulness, she indicated.

Even spending just 5 to 10 minutes a day on “a small dose of play” can make a “meaningful difference,” said the researcher.