standing

In a 5-4 decision in Trump v. Hawaii the Supreme Court ruled in favor of President Trump’s travel ban.

The third travel ban indefinitely prevents immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Hawaii and others sued President Trump claiming the ban was illegal and unconstitutional.

The Court agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the travel ban violates the Establishment Clause because it seeks to exclude Muslims. Fourth, whether the Ninth Circuit nationwide injunction was overbroad.  

In 1986 a majority of the Supreme Court agreed that partisan gerrymandering may be unconstitutional in certain circumstances. But in that case and since then the Court has failed to agree on a standard for when partisan gerrymandering crosses the line. In Gill v. Whitford and Benisek v. Lamone the Supreme Court again declined to adopt a standard for what constitutes an unconstitutional partisan gerrymander.

In Gill the Court concluded that the gerrymandering challengers failed to demonstrate they had standing to bring their lawsuit. In Benisek the Court allowed Maryland’s redistricting plan to go into effect because, among other reasons, the challengers were too delayed in bringing their lawsuit.  

In a unanimous opinion, in which Justice Gorsuch participated, in Town of Chester v. Laroe Estates the Supreme Court held that an intervenor must possess Article III standing to intervene in a lawsuit as a matter of right if he or she wishes to pursue relief not requested by the plaintiff. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting the Town of Chester.  

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town “obstructed his plans” to build a subdivision. Laroe Estates paid $2.5 million to Sherman for the property while Sherman went through the regulatory process. Laroe Estates sought to intervene in the lawsuit suit.

In a unanimous opinion, in which Justice Gorsuch participated, in Town of Chester v. Laroe Estates the Supreme Court held that an intervenor must possess Article III standing to intervene in a lawsuit as a matter of right if he or she wishes to pursue relief not requested by the plaintiff. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting the Town of Chester.  

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town “obstructed his plans” to build a subdivision. Laroe Estates paid $2.5 million to Sherman for the property while Sherman went through the regulatory process. Laroe Estates sought to intervene in the lawsuit suit.

In Bank of America v. Miami the Supreme Court held 5-3 that local governments have “standing” to bring Fair Housing Act (FHA) lawsuits against banks alleging discriminatory lending practices. But to win these claims local governments must show that their injuries were more than merely foreseeable. The State and Local Legal Center (SLLC) filed an amicus brief in this case on the side of the City of Miami.    

Miami claims that Bank of America and Wells Fargo intentionally issued riskier mortgages on less favorable terms to African-American and Latino customers than similarly situated white customers in violation of the FHA. Miami further claims these discriminatory practices caused foreclosures and vacancies which harmed the city by decreasing property values, reducing property tax revenue, and increasing costs to the city.  

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