Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change

In State of Missouri v. Biden, No. 21-3013 (8th Cir. Oct. 19, 2022), the Eighth Circuit rejected a challenge by thirteen states to the president’s executive order reinstating a governmental taskforce on climate change, abrogating several executive orders of the past administration, and directing that climate data be gathered for regulatory cost-benefit analysis. The decisionContinue reading “Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change”

Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act

In Laufer v. Arpan LLC, No.20-14846 (11th Cir. Mar. 29, 2022), the Eleventh Circuit issues a court opinion and three concurring opinions – 68 total pages – holding that a plaintiff who attempted to access a hotel website had Article III standing to bring a claim under the public accommodations provisions of the ADA, TitleContinue reading “Eleventh Circuit Panel Splits Three Ways on Article III Standing to Challenge Supposedly Inaccessible Hotel Website Under Title III of the Americans with Disabilities Act”

Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III

As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov,  No. 18-1366 (10th Cir. Dec. 8, 2021), the panel divides over whether annual preapproval of surveillance procedures by the Foreign Intelligence Surveillance Court (FISC)Continue reading “Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III”