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”

First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing

In Laufer v. Acheson Hotels, LLC, No. 21-1410 (1st Cir. Oct. 5, 2022), the First Circuit agreed with the Eleventh Circuit – and broke with the Second, Fifth, and Tenth Circuits – that a disabled tester suffers an injury, worthy of Article III standing, when they cannot access information on a hotel reservation website inContinue reading “First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”

Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing

In Campaign Legal Center v. Scott, No. 22-50692 (5th Cir. Sept. 29, 2022), the Fifth Circuit holds that a group of voting-rights organizations suing the State of Texas for information under the National Voter Registration Act of 1993 (“NVRA”) lacked Article III standing to bring their claim. The plaintiff organizations sued Texas under the NVRA’sContinue reading “Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing”

Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools

In E.T. v. Paxton, No. 21-51083 (5th Cir. July 25, 2022), a Fifth Circuit panel splits three ways on whether a group of parents had standing to sue Texas Governor Greg Abbott, the state’s attorney general, and other officers to enjoin an executive order that banned mask mandates in schools, specifically as an accommodation forContinue reading “Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools”

Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel

In Calcano v. Swarovski N.A. Ltd., No. 20-1552 (2d Cir. June 2, 2022), a 2-1 panel of the Second Circuit holds—in a case involving four blind plaintiffs—that a template complaint used by a law firm in scores of ADA public-accommodation cases that it filed lacked enough in the way of facts to plausibly allege anContinue reading “Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel”

States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit

In Arizona v. Biden, No. 22-3272 (6th Cir. Apr. 12, 2022), the Sixth Circuit stays pending appeal a nationwide preliminary injunction of a federal memorandum of “immigration enforcement priorities and policies” concerning “arrest, detention, and removal decisions.” “Congress has tasked the Secretary of Homeland Security, currently Alejandro Mayorkas, with establishing ‘national immigration enforcement policies andContinue reading “States’ Challenge to Secretary of Homeland Security Guidance To Deputies Probably Lacking In Standing, Holds Sixth Circuit”

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”

Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools

Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”

State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit

In Booker v. Florida Dep’t of Corr., No. 20-14539 (11th Cir. Jan. 3, 2021), an Eleventh Circuit panel holds that whatever intrusion it might present on an ongoing state proceeding, the state lacks Article III standing to object to appointment of a federal defender to represent a death-row prisoner in a state post-conviction proceeding. BookerContinue reading “State Lacked Standing to Challenge Appointment of Federal Defender in State Post-Conviction Proceedings, Holds Eleventh Circuit”

Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds

In Glennborough Homeowners Ass’n v. USPS, No. 21-1340 (6th Cir. Dec. 22, 2021), a panel affirms an order dismissing a case by a housing development seeking to enforce a consent decree against the U.S. Postal Service, though it divides on the reasoning. The majority affirmatively holds that the plaintiff Association lacks standing, while one judgeContinue reading “Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds”