Does the Law of Standing "Need a Rewrite" After TransUnion?
Another federal appellate judge expresses discontent with current standing doctrine.
Standing
Does Anonymity Defeat Associational Standing?
The Second Circuit divides over whether an association must identify an injured member by name for the purposes of Article III. (Updated)
Federal District Court Rules Red States Lack Standing to Challenge Legality of Immigration Parole Program for Migrants from Four Latin American Countries
The ruling allows the CNVH private sponsorship program - covering migrants from Cuba, Nicaragua, Venezuela, and Haiti to continue. But it is likely to be appealed.
Supreme Court Denies Red State Effort to Intervene in Mifepristone Case
The Court also rejects a late-filed amicus briefs from the American Bar Association, but accepts one from former FDA Commissioners.
Lawsuit Over UC Santa Cruz's Diversity Statements Dismissed on Standing Grounds
The court concludes that, because the plaintiff hadn't applied to be hired, he didn't have standing to challenge the policy.
BREAKING: Supreme Court to Consider Fifth Circuit's Abortion Pill Decision
The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.
Supreme Court Dismisses ADA Tester Standing Suit as Moot
The Supreme Court's first decision of the term does not decide very much.
Supreme Court Denies Review of Social Cost of Carbon Challenge
The Court saw no reason to consider the Eighth Circuit's conclusion that the states lacked standing.
Analyzing Removal Jurisdiction over Section Three Lawsuit in Colorado
Time to brush off your federal courts outlines.
Are We Living Through a Standing Realignment?
Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.
What Explains the Discourse on 303 Creative?
Procedure, soundbites, popular views, and more combined to create legally unfounded memes.
Did Factual Revelations Undermine 303 Creative?
Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.
Was There Standing in 303 Creative?
The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.
From Prof. Richard Re: The Remarkable Discourse on 303 Creative
Is the legal left beginning to adopt a hawkish attitude toward standing?
District Court in Florida Concludes Voters Lack Standing to Challenge Trump's Eligibility
A lawsuit to keep Donald Trump off the Florida primary ballot fails.
Do You Have a Paper About Article III Standing?
If so, please submit it to the Constitutional Law Institute's fall conference!
Lots of Administrative Law On Tap for Next Supreme Court Term
The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.
The Irony of Department of Education v. Brown—the Other Student Loan Forgiveness Case Decided by the Supreme Court Yesterday
The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.
What's Left Standing of Special Solicitude for States After U.S. v. Texas?
The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.
Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
District Court Judge Revives Kids Climate Case
Years after the Ninth Circuit ordered the case dismissed, it is brought back to life with a surprising trial court order.
Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County
The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.
Supreme Court to Consider Whether Members of Congress Have Article III Standing to Sue Federal Agencies
The Supreme Court has accepted certiorari in Carnahan v. Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration.
New Report on State Standing in Student Loan Case Comes Up A Few Dollars Short
A new report purporting to show that Missouri's arguments for standing in Nebraska v. Biden are based on a lie fails to deliver.
Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case
The decision may even be unanimous.
The Good and Bad of the Fifth Circuit's Abortion Pill Ruling
The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.
Two (Wrong) Mifepristone Court Rulings in One Day
On Good Friday, two district courts issued decisions on the FDA's approval of the abortion drug mifepristone.
Blue-State AGs Have A Mifepristone Lawsuit of Their Own
And this lawsuit faces many of the same administrative law hurdles as does AHM v. FDA.
AHM v. FDA: A Contrary View and a Rejoinder
ADF's Erin Hawley responds to my post on the jurisdictional problems in AHM v. FDA and I reply.
Assessing the Legal Claims in Alliance for Hippocratic Medicine v. FDA
There's been lots of heat, but very little light in coverage and commentary about the lawsuit seeking to revoke FDA approval of mifepristone.
Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments
The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.
"Third-Party Standing" Doctrine Shouldn't be Used to Block Lawsuits Challenging Biden's Student Loan Forgiveness Plan
Legal scholar Michael Dorf claims Supreme Court should rule on this basis. But the doctrine doesn't apply to this case, and is dubious anyway.
Arguments for Standing in the Student Loan Cases
A few thoughts on the states' brief and their amici
Our Amici Brief in the Student Loan Forgiveness Cases
arguing against standing, even though the program is unlawful.
Podcast on United States v. Texas
In this Federalist Society podcast on a major immigration case currently before the Supreme Court, I go over the issues at stake, and make some tentative predictions about the case's likely outcome.
Supreme Court Decides to Hear Second Case Challenging Legality of Biden's Loan Forgiveness Plan
Like the first case, it will be argued in February. In the meantime, the plan remains blocked.
Loan Forgiveness Litigation Roundup
This post covers significant developments in cases challenging Biden's loan-forgiveness plan other than the one Supreme Court has decided to hear.
Supreme Court Will Hear Case on Legality of Biden Loan Forgiveness Plan
In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
8th Circuit Rules States Have Standing to Challenge Biden's Loan Forgiveness Plan [Updated]
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
Federal Court Issues Dubious Decision Dismissing Six-State Lawsuit Against Biden Loan Forgiveness Program for Lack of Standing [Updated]
The ruling is based on badly flawed reasoning, and may well be overturned on appeal. Even if it isn't, the plaintiff states have an obvious way to get around it.
Brief Update on the Pacific Legal Foundation Case Against Biden's Student Loan Cancellation Plan
A federal judge denied PLF's motion to block implementation of the policy. But denial is "without prejudice," and PLF can quickly refile the case.
Six States File Lawsuit Challenging Biden Student Debt Cancellation Program
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
The First Significant Lawsuit Challenging Biden's Student Loan Forgiveness Plan [Updated]
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
Does Anyone Have Standing to Bring a Lawsuit Against Biden's Student Loan Debt Cancellation Policy?
The likely answer is "yes." There are three types of potential litigants who probably qualify.