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An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
Northwestern University Law Review
28 U.S.C. § 1291 vests jurisdiction in the United States Circuit Courts of Appeal to hear “appeals from all final decisions of the district courts of the United States.” Various circuit courts have, however, determined that they may only hear appeals of final “judicial” decisions, and that they do not have jurisdiction to hear appeals from final decisions of United States district courts if those decisions are “administrative.” Circuit courts have been loath to explicitly define the dividing line between the two classes of case, and have frequently invoked the potential availability of mandamus review as a means of placating …
Supplemental Standing For Severability, Erik R. Zimmerman
Supplemental Standing For Severability, Erik R. Zimmerman
Northwestern University Law Review
The Supreme Court has recently insisted that plaintiffs must have standing for every claim that they raise. But this claim-specific approach to standing is at odds with established practice in several contexts, including rulings on the severability of statutes. Courts often permit plaintiffs to claim that statutory provisions should be invalidated pursuant to severability doctrine, without requiring that they have standing for those claims. This Article argues that existing practice for severability is a form of “supplemental standing.” Supplemental standing is analogous to supplemental jurisdiction. It allows a plaintiff with standing for one claim to raise related claims, even if …