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”

Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue

In New York v. Yellen, No. 19-3962 (2d Cir. Oct. 5, 2021), the Second Circuit holds that four states had standing to challenge the $10,000 cap on the federal income tax deduction for money paid in state and local taxes (SALT) because of the impact on local real estate sales and consequent lost tax revenue.Continue reading “Second Circuit Holds That States Have Standing to Challenge Cap on SALT Tax Deduction Because of Lost Local Tax Revenue”

Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.”

In LA Alliance for Human Rights v. County of Los Angeles, No. 21-55395 (9th Cir. Sept. 23, 2021), the panel eviscerated a preliminary injunction won by a group of homeless advocates, holding that the district court made findings based on its own research, based on claims not raised by the plaintiffs. “Nearly one in fourContinue reading “Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.””

Website Has Standing but Fails to Overcome State Secret Doctrine in Challenge to NSA “Upstream” Surveillance Program, Holds Splintered Fourth Circuit Panel

In Wikimedia Foundation v. NSA, No. 20-1191 (4th Cir. Sept. 16, 2021), a three-way split panel holds 2-1 that Wikimedia has Article III standing to challenge National Security Agency’s (NSA) domestic surveillance of transmission lines, but a different 2-1 majority holds that the case fails because of the “state secret doctrine.” The Fourth Circuit hadContinue reading “Website Has Standing but Fails to Overcome State Secret Doctrine in Challenge to NSA “Upstream” Surveillance Program, Holds Splintered Fourth Circuit Panel”

Fifth Circuit Holds That Busker Has Standing to File Pre-Enforcement First Amendment Challenge to Ban on Musical Performances for Money in Public Places

In Barilla v. City of Houston, No. 20-20535 (5th Cir. Sept. 10, 2021), a Fifth Circuit panel reverses dismissal on standing grounds of a First Amendment challenge to Houston’s ordinance clamping down on “bands, musicians, singers, mimes, and other artists who perform for gratuities on the sidewalk.” “Barilla challenges three City ordinances (collectively, the ‘BuskingContinue reading “Fifth Circuit Holds That Busker Has Standing to File Pre-Enforcement First Amendment Challenge to Ban on Musical Performances for Money in Public Places”

Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit

In a blog entry dated December 16, 2020, I summarized five decisions by the Seventh Circuit that dramatically crimped Article III standing in Fair Debt Collection Practices Act (FDCPA) cases. In yesterday’s decision, Lupia v. Medicredit, No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit expressly rejects the Seventh Circuit’s approach and holds thatContinue reading “Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit”