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SCOTUSCast on First American Financial Corp. v. Edwards
The Supreme Court heard oral argument last week in First American Financial Corp. v. Edwards. The case calls on the Supreme Court to address the relationship between Article III standing and federal...
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The last of the Fourth Circuit’s unpublished opinions after argument in 2011
In the last two weeks of 2011, the Fourth Circuit issued five unpublished opinions after argument, two in criminal cases and three in civil cases, all unanimous. The court affirmed in three cases,...
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Two related non-merits issues to look at in today’s ACA filings
According to the Supreme Court’s December 8 briefing schedule in the challenges to the Affordable Care Act, the opening briefs are due today with respect to everything but the Medicaid issue. Here are...
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The missing argument for Mary Brown’s standing
Just under a month ago, counsel for Mary Brown told the Supreme Court in a letter that her opening brief would explain why she still had standing to challenge the minimum essential coverage provision...
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Do members of Indian tribes have standing to challenge the minimum essential...
If the government imposes a legal duty on you, but provides no sanctions for non-compliance (and there are no collateral legal consequences of any sort for non-compliance), do you have standing to...
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If a member of an Indian tribe has no standing to challenge the minimum...
In the previous post, I asked whether a member of an Indian tribe has standing to bring a constitutional challenge to the minimum coverage provision in § 5000A of the tax code (aka the “individual...
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A perspective from 1890 on nullification and the role of the federal courts,...
The Supreme Court granted a motion last week to add two individuals to the case it will hear addressing the constitutionality of the minimum essential coverage provision in the Affordable Care Act....
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Rope-a-dope rulemaking to put off religious liberty litigation loss?
Comments by Vice President Joe Biden yesterday suggest a more conciliatory approach by the Administration toward religious liberty objections to the contraceptives mandate. The Vice President said that...
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Fourth Circuit dismisses as non-justiciable NEPA challenge to I-81...
Last Friday, the Fourth Circuit dismissed as non-justiciable the appeal of a judgment in a challenge to potential improvements to specific sections of I-81. Judge Wilkinson wrote the opinion for the...
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Scalia on the relationship between politicization and the who and when of...
The degree to which the courts become converted into political forums depends not merely upon what issues they are permitted to address, but also upon when and at whose instance they are permitted to...
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A SCOTUS prediction for tomorrow
An important but overlooked case due to be decided tomorrow is First American Financial Corp. v. Edwards. The case is about Article III standing. The Court is reviewing a Ninth Circuit decision that...
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Fourth Circuit: No Establishment Clause Violation in Credits for Off-Campus...
Marc DeGirolami has a post bearing this title over at CLR Forum. The post reports on yesterday’s Fourth Circuit decision in Moss v. Spartansburg County School District Seven. Judge Niemeyer wrote the...
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Standing to assert a First Amendment challenge to a sign ordinance that the...
Thanks to a recent post by Jonathan Adler at Volokh Conspiracy, I read with great interest last week Judge Sutton’s opinion for the Sixth Circuit in Platinum Sports Ltd. v. Snyder. The underlying claim...
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Another take on standing to seek injunctive relief against a statute whose...
For a comparison case that more closely tracks the analysis I suggested would have been proper in my prior post on Judge Sutton’s opinion for the Sixth Circuit in Platinum Sports Ltd v. Snyder, see...
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Are titles of nobility non-justiciable?
A recent post by Gerard Magliocca at Concurring Opinions brought to mind an interesting aspect of the arguments of counsel leading up to the Supreme Court’s landmark decision in Cohens v. Virginia...
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