Standing
District Court Dismisses Another Kids Climate Suit, As Existing Law Requires (Updated)
A suit asking a district court judge to undo every Trump Administration energy policy initiative is dismissed with prejudice; appeal to follow.
First Circuit Rules Trump's Birthright Citizenship Executive Order is Unconstitutional
This is the second appellate court ruling against the order. So far, every court that has addressed this issue has ruled the same way.
Sixth Circuit Rejects Associational Standing in Medicare Drug Pricing Challenge
An easy way to avoid the merits in the latest high-stake health care litigation.
Appeals Court Rules Trump's Birthright Citizenship Order is Unconstitutional and Upholds Nationwide Injunction Against it
The court ruled that a nationwide injunction is the only way to provide complete relief to the state government plaintiffs in the case.
Ninth Circuit Upholds Nationwide Injunction in State Suit Against Birthright Citizenship Order
Judge Bumatay objects on standing grounds, arguing that courts should not seek to offset narrowing one form of relief by expanding another: "That would be like squeezing one end of a balloon—it just pushes all the air to the other end."
A Bad Decision on Nationwide Injunctions
Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.
Lighthiser v. Trump: Another Kids Climate Suit
This one claims that the Trump Administration's deregulatory efforts violate the Fifth Amendment.
California Files Lawsuit Against Trump's Tariffs
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
Don't Sleep on Standing
A useful reminder from the U.S. Court of Appeals for the D.C. Circuit to read circuit rules before filing.
Over Eighty Universities File Amicus Brief in Case Challenging Trump's Speech-Based Deportations of Non-citizen Students
It's a good step. But the schools should also file their own lawsuit challenging this awful policy.
States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
First Circuit Denies Trump Administration Motion for Stay of Universal Injunction Against Birthright Citizenship Executive Order
Interestingly enough, the government focused its argument on standing, and did not defend the Executive Order on the merits.
Supreme Court Refuses to Consider Whether University "Bias-Response Teams" Chill Speech
Justice Thomas dissents from the Court's refusal to resolve a clear circuit split.
The Laken Riley Act is Unjust - and a Trojan Horse
The act doesn't target violent criminals and sex offenders, and is likely to harm innocent people and divert resources from genuine anti-crime efforts. It also makes it easier for state governments to try to impede legal immigration.
A Final(?) Attempt to Resurrect the Kids Climate Case
The Juliana plaintiffs are again seeking Supreme Court review of their case.
Montana Supreme Court Recognizes State Constitutional Right to a "Stable Climate System"
A state Supreme Court gives environmental activists an important symbolic victory that will not do much of anything to mitigate the threat of climate change.
Supreme Court Adds Two Potentially Significant Cases to OT2024 Docket
December certiorari grants on standing and religion are early holiday gifts for Court watchers.
Alliance for Hippocratic Medicine on Remand - Still Struggling with Standing
No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.
16 Red States File Lawsuit Challenging Biden "Parole in Place" Program for Undocumented Immigrant Spouses of US Citizens
The lawsuit deserves to lose. But it may well lead to a prolonged legal battle.
Struggling with Standing
The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing).
The Supreme Court's Dangerous Standing Ruling in Murthy v. Missouri
The standing requirements laid down by the majority might make it extremely difficult or impossible for victims of indirect goverment censorship to get their cases to court.
Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri
Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.
Biden Grants "Parole in Place" to Undocumented Immigrant Spouses of US Citizens
It's a good policy, authorized by the law. But it will likely face lawsuits, nonetheless, potentially leading to a prolonged legal battle.
Justice Thomas Takes Aim at Associational Standing
In his AHM v. FDA concurrence, Justice Thomas suggests the Court needs to rethink associational standing and questions whether it comports with Article III.
Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED)
Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.
Federal Court Rules 3 of 11 Plaintiff States Have Standing to Challenge Biden's New Student Loan Forgiveness Program
The decision allows the lawsuit to proceed, albeit with fewer plaintiffs.
District Court Dismisses Genesis B. Kids Climate Suit Against the EPA
The district court recognizes that the plaintiffs lack standing, but grants them leave to amend.
Ninth Circuit Puts An End to the Kids Climate Case
A unanimous panel orders dismissal of Juliana v. United States, bringing this zombie litigation to a close.
Who Can Sue the Food and Drug Administration?
If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?
How the Show Me State Could Show 'Em Again - Bring Missouri Into the Litigation Challenging Biden's New Student Loan Forgiveness Plan [Updated to Note Missouri Has Previously Announced it Will Do What I Urge Here]
This would virtually ensure the case can't be dismissed for lack of standing, thanks to Missouri's precedent-setting Supreme Court victory in Biden v. Nebraska. The Show Me State can once again really show 'em!
Mifepristone in the Supreme Court - Comments on Oral Argument (Updated)
Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine
Can Emergency Room Doctors Sue the FDA for Failing to Regulate Mifepristone More Aggressively?
The threshold issue in today's oral argument is Article III standing, and that issue should be determinative.
Does the Law of Standing "Need a Rewrite" After TransUnion?
Another federal appellate judge expresses discontent with current standing doctrine.
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.
