County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit

In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”

$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit

In Muransky v. Godiva Chocolatier, Inc.,  No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”

Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law

In Pool v. City of Houston, No. 19-20828 (5th Cir. Oct. 23, 2020), the Fifth Circuit holds that the district court had subject-matter jurisdiction to consider a constitutional challenge to a petitioning ordinance deemed unconstitutional 20 years earlier and arguably no longer enforced. “It is often said that courts ‘strike down’ laws when ruling themContinue reading “Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law”

Split Sixth Circuit Panel Holds That State Legislature Has Standing to Challenge Injunction of State Election Law

In Priorities USA v. Nessel, No. 20-1931 (6th Cir. Oct. 21, 2020), a 2-1 panel of the Sixth Circuit holds that the Michigan Legislature had standing to seek an emergency stay of a preliminary injunction of state election law when the state’s attorney general refrained from defending it. “Three voter-advocacy organizations challenged” a law “mandatingContinue reading “Split Sixth Circuit Panel Holds That State Legislature Has Standing to Challenge Injunction of State Election Law”

The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit

In United States House of Representatives v. Mnuchin, No. 19-5176 (D.C. Cir. Sept. 25, 2020), a panel of the D.C. Circuit holds that the House has institutional standing as a legislative body to challenge the alleged misappropriation of funds by the White House to pay for construction of a border wall. “Congress enacted a budgetContinue reading “The U.S. House of Representatives Has Institutional Standing to Challenge Alleged Violation of the Appropriations Clause, Holds D.C. Circuit”

Ninth Circuit Finds No Standing Where Alleged Injury Could Only Be Redressed by Renegotiating Treaty

In Tinian Women Ass’n v. U.S. Dep’t of the Navy, No. 18-16723 (9th Cir. Sept. 20, 2020), the Ninth Circuit affirms dismissal of an environmental-law claim concerning the relocation of American troops from Okinawa, Japan to Guam. Rather than rule on the political question doctrine presented by the Government, the panel rests instead on theContinue reading “Ninth Circuit Finds No Standing Where Alleged Injury Could Only Be Redressed by Renegotiating Treaty”

Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center

In Protect Our Parks, Inc. v. Chicago Park Dist., No. 19-2308 (7th Cir. Aug. 21, 2020), the panel holds that a resident of Chicago lacked so-called “taxpayer standing” to challenge construction of the Obama Presidential Center (“OPC”) in historic Jackson Park on Chicago’s South Side. Indeed, the panel casts doubt whether such a doctrine evenContinue reading “Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center”

Fifth Circuit Holds That Article III Standing Must Be Determined Per Violation in Clean Air Act Case Alleging 16,386 Violations

In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545 (5th Cir. July 29, 2020), noting that heretofore “no court appears to have found standing for some Clean Air Act violations but not others,” a Fifth Circuit panel becomes apparently the first to hold that there must be Article III “standing for each violationContinue reading “Fifth Circuit Holds That Article III Standing Must Be Determined Per Violation in Clean Air Act Case Alleging 16,386 Violations”