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Full-Text Articles in Law
Law Enforcement As Political Question, Zachary S. Price
Law Enforcement As Political Question, Zachary S. Price
Notre Dame Law Review
Across a range of contexts, federal courts have crafted doctrines that limit judicial secondguessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold a …
Hurdles To The Court: The Doctrine Of Standing Under Statutory Violations, Priya Khangura
Hurdles To The Court: The Doctrine Of Standing Under Statutory Violations, Priya Khangura
Duke Journal of Constitutional Law & Public Policy Sidebar
Standing is a precondition for any suit brought in federal court. This Commentary analyzes a Supreme Court case, Spokeo, Inc. v. Robins, which will address whether a violation of a federal statute grants a plaintiff standing to sue. The Author argues that such a violation is sufficient for establishing standing because the plaintiff suffered an injury-in-fact which the legisture intended to prevent. That harm is both traceable to the violation and redressible by statute. Thus, the requisite elements of constitutional standing exist in this case. Such a holding follows from existing standing jurisprudence and ensures that plaintiffs can have …
The Indefinite Deflection Of Congressional Standing, Nat Stern
The Indefinite Deflection Of Congressional Standing, Nat Stern
Pepperdine Law Review
Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford Mank
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford Mank
Faculty Articles and Other Publications
An important unresolved question is whether non-state plaintiffs have standing under Article III of the U.S. Constitution to sue in federal courts in climate change cases. In Massachusetts v. EPA, the Supreme Court held a state government could sue the U.S. government to address climate change issues, and suggested, but did not decide, that private litigants might have lesser rights than states. In Washington Environmental Council v. Bellon, the Ninth Circuit held that private groups did not have standing to challenge Washington State’s failure to regulate greenhouse gas (GHG) emissions from five oil refineries, and implied that private plaintiffs may …
Does A House Of Congress Have Standing Over Appropriations?: The House Of Representatives Challenges The Affordable Care Act, Bradford Mank
Does A House Of Congress Have Standing Over Appropriations?: The House Of Representatives Challenges The Affordable Care Act, Bradford Mank
Faculty Articles and Other Publications
In U.S. House of Representatives v. Sylvia Matthews Burwell, the District Court for D.C. in 2015 held that the House of Representatives has Article III standing to challenge certain provisions of the Affordable Care Act as violations of the Constitution’s Appropriations Clause. The Supreme Court’s jurisprudence on legislative standing is complicated. The Court has generally avoided the contentious question of whether Congress has standing to challenge certain presidential actions because of the difficult separation-of-powers concerns in such cases. In Raines v. Byrd, the Court held that individual members of Congress generally do not have Article III standing by simply holding …
The Supreme Court Acknowledges Congress’ Authority To Confer Informational Standing In Spokeo, Inc. V. Robins, Bradford Mank
The Supreme Court Acknowledges Congress’ Authority To Confer Informational Standing In Spokeo, Inc. V. Robins, Bradford Mank
Faculty Articles and Other Publications
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of a plaintiff’s personal information is sufficient to constitute a “concrete injury” for Article III standing. However, the Spokeo decision makes clear that Congress has a significant role in defining intangible injuries for Article III standing beyond what was considered an injury under the American or English common law. Some commentators had thought Spokeo might overrule the Court’s prior decisions in Akins and Public Citizen, which both held that a plaintiff may have standing based solely upon …
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Data Breaches, Identity Theft And Article Iii Standing: Will The Supreme Court Resolve The Split In The Circuits, Bradford Mank
Faculty Articles and Other Publications
In data breach cases, the lower federal courts have split on the question of whether the plaintiffs meet Article III standing requirements for injury and causation. In its 2013 decision Clapper v. Amnesty International USA, the Supreme Court, in a case involving alleged electronic surveillance by the U.S. government’s National Security Agency, declared that a plaintiff alleging that it will suffer future injuries from a defendant’s allegedly improper conduct must show that such injuries are “certainly impending.” Since the Clapper decision, a majority of the lower federal courts addressing “lost data” or potential identity theft cases in which there is …