In Rouse v. Fader, No. 25-1004 (4th Cir. Mar. 24, 2026), a 2-1 panel of the Fourth Circuit holds that the plaintiffs—“three married couples, each with one spouse who was an active-duty servicemember”—lacked Article III standing to enforce the Servicemembers Civil Relief Act, 50 U.S.C. § 3902, because no injury was fairly traceable to theContinue reading “Split Fourth Circuit Panel Holds That There Was No Injury Fairly Traceable to Maryland State Officials Under the Federal Servicemembers Civil Relief Act, and Thus No Article III Standing by Servicemembers to Enforce the Act”
Tag Archives: Standing
Seventh Circuit Splits Over Whether to Vacate a District Court Order Against Federal Immigration Agencies Upon a Fed. R. App. P. 42(b)(2) Voluntary Motion to Dismiss
In Chicago Headline Club v. Noem, No. 25-3023 (7th Cir. Mar. 5, 2026) (per curiam), a Seventh Circuit panel issues a 2-1 decision ordering that, as part of granting the government’s voluntary dismissal of its appeal under Fed. R. App. P. 42(b), the underlying order on appeal be vacated. The case arose from the surgeContinue reading “Seventh Circuit Splits Over Whether to Vacate a District Court Order Against Federal Immigration Agencies Upon a Fed. R. App. P. 42(b)(2) Voluntary Motion to Dismiss”
On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision
In Pool v. City of Houston, No. 24-20138 (5th Cir. Jan. 2, 2026), the Fifth Circuit affirms a post-judgment vacatur of attorney’s fees after the original judgment in plaintiff’s favor was vacated by the Fifth Circuit for lack of subject-matter jurisdiction. While the plaintiffs may have had a valid law-of-the-case argument to otherwise sustain theContinue reading “On Third Go-Around in Fifth Circuit, Court Holds That Plaintiffs Forfeited a Law-of-the-Case Argument by Not Seeking Rehearing of the Second Panel Decision”
En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue
In Henderson v. Springfield R-12 Sch. Dist., No. 23-1374 (8th Cir. Dec. 30, 2025) (en banc), the Eighth Circuit holds that it was enough for a public employee to establish standing in a First Amendment challenge to a Diversity, Equity, and Inclusion (DEI) program to have been shown a slide during a workplace presentation thatContinue reading “En Banc Eighth Circuit Holds 6-5 That Being Exposed to a Single DEI Slide “Chilled” Their First Amendment Rights and Thus Conferred Standing to Sue”
Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit
In Kumar v. Koester, No. 23-4363 (9th Cir. Mar. 12, 2025), the Ninth Circuit dismisses a constitutional challenge to California State University’s anti-discrimination policy that was recently amended to add “caste” as a protected status. Effective January 1, 2022, CSU’s “Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and RetaliationContinue reading “Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit”
Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit
In Thompson v. Army and Air Force Exchange Service, No. 23-2447 (7th Cir. Jan. 8, 2025), the Seventh Circuit holds that a federal agency that removes an action from state court under 28 U.S.C. § 1442 is not entitled to dismissal in federal court on a finding that the federal court lacks subject-matter jurisdiction, andContinue reading “Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit”
Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority
In Lindsey v. Whitmer, No. 24-1413 (6th Cir. Dec. 20, 2024), the Sixth Circuit struggled to reconcile two lines of Supreme Court authority about the standing of state legislators to bring federal-court lawsuits challenging the constitutionality of a state law. “The Michigan Constitution . . . . empowers citizens to amend the state constitution directlyContinue reading “Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority”
Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)
While monetary loss is almost always deemed sufficient to trigger Article III standing, in Jones v. Reeves, No. 24-60371 (5th Cir. Nov. 19, 2024), a Fifth Circuit panel dismisses an eight-year old case (on its fourth appeal) on the ground that the plaintiffs lacked Article III standing to protect per diem payments they recieved byContinue reading “Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)”
State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds
In New York v. Niagara-Wheatfield Central Sch. Dist., No. 22-2178 (2d Cir. Oct. 15, 2024), the Second Circuit reverses a Fed. R. Civ. P. 12(c) judgment on the pleadings, holding that the State of New York pled sufficient grounds for parens patriae standing without alleging a policy-or-practice violation against a target population of state residents.Continue reading “State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds”
Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue
In Bochner v. City of New York, No. 23-683 (2d Cir. Oct. 7, 2024), while adopting the city defendants’ argument that the plaintiffs lacked jurisdictional standing, the Second Circuit twits the city’s corporation counsel for waiting two years to raise the issue and—for “failure to exercise reasonable diligence in identifying and raising jurisdictional questions earlyContinue reading “Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue”
Paul Mollica's Federal Courts Blog 