Analyzing Removal Jurisdiction over Section Three Lawsuit in Colorado
Time to brush off your federal courts outlines.
Standing
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.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
Thoughts on the Supreme Court's Texas Abortion Ruling—and How to Prevent it From Setting a Dangerous Precedent
The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
Collins, California, and Standing-as-Usual: A Response to Josh Blackman
No, Justice Alito's opinion for the Court did not endorse standing-through-inseverability.
Three Years Worth of Blogging on California v. Texas
A handy index of my writing on this improbable ACA challenge.
What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision
A slightly deeper dive into today's California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.
My Washington Post Op Ed on Today's Supreme Court Obamacare Decision
The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.
Preliminary Thoughts on California v. Texas
The Supreme Court ruled the right way, but arguably for the wrong reason.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated (Updated)
If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge.