standing

In Uzuegbunam v. Preczewski the Supreme Court held 8-1 that to have a “redressable injury” required to bring a lawsuit a plaintiff need only ask for nominal damages ($1). The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the Court to hold that a lawsuit for nominal damages only is moot...

In an unauthored opinion in Trump v. New York, the U.S. Supreme Court refused to decide whether President Trump could lawfully and constitutionally direct the Secretary of Commerce to provide information to him about the number of undocumented persons so he could exclude them from the census apportionment base. As a result, President Trump’s memorandum to this effect survives for now.

Federal law requires the Secretary of Commerce to “take a...

On Friday night the U.S. Supreme Court rejected Texas’s lawsuit challenging the results of the presidential election in Georgia, Michigan, Wisconsin, and Pennsylvania.  

Texas filed its lawsuit directly in the Supreme Court rather than in a lower court first relying on a constitutional provision giving the Supreme Court “...

In Carney v. Adams the Supreme Court held unanimously that James Adams lacked standing to challenge a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance.

Delaware’s Constitution states that no more than a bare majority of members of any of its five major courts may belong to any one political party. It also requires, with respect to three of those courts, that the remaining...

Today the Supreme Court heard oral argument in California v. Texas. In this case it is possible the Supreme Court could rule that a portion of the Affordable Care Act (ACA) is unconstitutional and strike down the entire law.

Predicting the outcome of Supreme Court cases based on oral argument is a risky proposition. Nevertheless, it appeared at...

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