Struggling with Standing
The Supreme Court's conservatives are not cutting conservative litigants any slack (and that's a good thing).
Standing
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.
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.
