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Tag: standing

October 01, 2015

Can people without standing stop challenging school choice programs already?

The ACLU is attempting to destroy school choice in Nevada. Passed in June, the Educational Savings Account law provides between $5,100-$5,700 a year for a child’s education-including transportation, technology, or home schooling. The ACLU’s suit, filed in late August, is just the most recent attempt by school choice opponents to preven ...

September 11, 2015

Response to Professor Moore on Article III standing

Under the Constitution, it is up to the judiciary, not Congress, to determine whether an injury suffices for a federal court to hear the case. That fundamental principle has generated impassioned discussion. Over at the Civil Procedure and Federal Courts Blog, Professor Patricia Moore provided a vigorous critique of my post this week on Spokeo ...

July 07, 2015

Can Congress deem someone injured?

Article III of the United States Constitution allows federal courts to hear only "cases or controversies," defined as cases brought by plaintiffs who have suffered actual (not speculative) harm that can be redressed by court action. What if a plaintiff's asserted injury, however, is nothing more than that the defendant violated a statute? That is, ...

May 01, 2015

President's weekly report — May 1, 2015

On the cusp of victory in Florida — In large part due to the publicity from our “growler” case, Crafted Keg v. Lawson, the Florida legislature has repealed the ban on “growlers,” the 64 ounce containers used for bringing craft beers home.  We expect the Governor to sign this in time for happy hour in ...

April 27, 2015

Supreme Court grants important “standing” case

Thomas Robins, an unemployed man, sued Spokeo Inc., which runs a website that collects and publishes consumer "credit estimates," for willful violations of the Fair Credit Reporting Act (FCRA), because it published false information, such as Robins was married, had a graduate degree, and was wealthy.  Publication of any false information is prohib ...

January 12, 2015

Oral argument in PLF's challenge to EPA's mobile source greenhouse gas rules held on January 9, 2015

On Friday, January 9, 2015, the D.C. Circuit heard our challenges to the greenhouse gas emissions standards for new trucks and cars.  The challenges were based on EPA’s failure to submit to the Science Advisory Board for peer review the Truck Rule and the separate Car Rule limiting greenhouse gas emissions.  We argued that submittal to ...

December 31, 2014

Arizona Supreme Court rules that legislators can challenge Gov. Brewer’s illegal Medicaid tax

The Arizona Supreme Court said goodbye to outgoing governor Jan Brewer by upholding the right of legislators to challenge her illegal Medicaid expansion efforts. Last year, Brewer and her supporters engineered an expansion of the state's Medicaid program pursuant to Obamacare—bizarrely, the very same Medicaid expansion she successfully challenge ...

November 13, 2014

When Obamacare fails, the Executive can't blame states

As readers well know, the Affordable Care Act (ACA) imposes all sorts of new restrictions on the types of health insurance policies that can be bought and sold.  Naturally, this means that a lot of people who liked their health insurance plans can’t keep their health insurance plans—no matter what politicians promise.  The ACA has ...

September 01, 2014

What interest would an environmental group have in battlefied preservation?

The obvious answer is none. Unless you’re a judge on the D.C. Circuit. Then it has a legally protected interest in having land listed as a historic battlefield in order to shut down any visible productive use of that private property. As Judge Sentelle explained in dissent, this radically expands access to the courts. It ...

May 05, 2014

Barnum Timber Co. v. EPA, standing to sue, and the Clean Water Act

Last last month, after more than a decade of litigation, we were able to settle amicably our lawsuit on behalf of Barnum Timber Co. against the EPA over the agency’s designation of Redwood Creek as an impaired water under Section 303(d) of the Clean Water Act.  Interesting in that, also last month, the District Court ...