41 votes

Does Texas have standing to litigate against other States' election results?

UPDATE: There is now a definitive answer. There Is No Binding Judicial Precedent Adjudicating The Key Standing Issues Raised That Are Factually Squarely On Point This is a novel argument. To my ...
ohwilleke's user avatar
  • 214k
39 votes
Accepted

Why do courts dismiss cases as moot?

The court is not running away from the problem; Trump isn't president, so the problem has actually gone away. Because there's no point in resolving a purely academic question, the courts generally ...
bdb484's user avatar
  • 59.3k
26 votes
Accepted

How does California (CA) have standing in CA vs Activision Blizzard?

A government always has standing to enforce violations of its own laws in its own jurisdiction. The harm to its legally protected interest is its interest in enforcing its own laws. While the forum ...
ohwilleke's user avatar
  • 214k
24 votes

Government's standing in criminal trials

So what relevance if any does standing have in criminal trials? E.g., are there any examples of criminal cases/charges dismissed for lack of standing, by which I mean that the court decided the ...
ohwilleke's user avatar
  • 214k
20 votes
Accepted

Can an animal file a lawsuit on its own behalf?

Since wolves physically cannot construct and legal petitions pro se, they can't sue in courts on their own. However, the same is true of various humans. The real legal question is whether a wolf (or ...
user6726's user avatar
  • 215k
20 votes

How can misattributed paternity cause "a welfare minefield"?

I could not find an official record of the court ruling referenced in the question until Lag provided a link in a comment. Based on the news coverage, my guess was that the judge's reference to a &...
herisson's user avatar
  • 604
16 votes
Accepted

Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?

No. The original jurisdiction of the U.S. Supreme Court for disputes between states applies only to disputes between the state entities themselves, not suits on behalf of their citizens. Something ...
ohwilleke's user avatar
  • 214k
13 votes

Government's standing in criminal trials

The Answer in Question The answer on politics.se supported its claims by citations and links to the Wikipedia article on Standing and the LII page. But the Wikipedia article while not specifically ...
David Siegel's user avatar
13 votes

Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?

I don't know of any actual case where one state sued another on behalf of its citizens. I incline to doubt whether West Lumbago would have standing to bring such a case. Normally the person (natural ...
David Siegel's user avatar
11 votes

Is standing required in traffic court cases when the accused raises the interest?

No. The true accuser is the state and the state always has standing to enforce its laws. This is an injury in fact. The judge would laugh at you and probably then double the fine for your insolence. ...
ohwilleke's user avatar
  • 214k
10 votes

How does California (CA) have standing in CA vs Activision Blizzard?

The complaint alleges that Activision Blizzard continues to underpay women (¶¶ 53-63), refuse to promote women (¶¶ 64-74), terminate women because of their sex (¶¶ 75-84), retaliate against women for ...
bdb484's user avatar
  • 59.3k
9 votes

Government's standing in criminal trials

Standing is critical in criminal cases, but the government always has it. Article III gives federal courts jurisdiction only over "cases or controversies." The Supreme Court has interpreted ...
bdb484's user avatar
  • 59.3k
9 votes

Government's standing in criminal trials

Governments have automatic standing as the sovereign to enforce its laws, be it criminal or civil. One of those background principles is the concept that a sovereign government must have standing to ...
xngtng's user avatar
  • 5,903
8 votes

Why do courts dismiss cases as moot?

Federal (Article III) courts only may adjudicate current and ongoing controversies, that exist along the whole case length.* A case initially presenting all the attributes necessary for federal court ...
Trish's user avatar
  • 39.4k
7 votes
Accepted

In the SCOTUS case yesterday on Mifepristone and FDA, why was *Twiqbal* and prohibition on 3rd party standing not raised?

Short Answer What explains then, why no justices mentioned rule against 3rd party standing or Twiqbal? Third party standing and Twiqbal involve two completely different legal doctrines that have ...
ohwilleke's user avatar
  • 214k
6 votes

Is standing required in traffic court cases when the accused raises the interest?

Ohwilleke's answer covers why the state would have standing. However, your question is also wrong to assume that standing and injury-in-fact is a federal mandate; federal rules about standing are ...
cpast's user avatar
  • 23.9k
6 votes

How does Judge Sullivan have standing?

The Court of Appeals made Judge Sullivan the respondent. Flynn petitioned the Court of Appeals for a writ of mandamus to order the inferior court to dismiss the criminal proceedings against Flynn. ...
Lag's user avatar
  • 16.9k
6 votes

Does Texas have standing to litigate against other States' election results?

The complaint asserts thst: This Court has original and exclusive jurisdiction over this action because it is a “controvers[y] between two or more States” under Article III, § 2, cl. 2 of the U.S. ...
David Siegel's user avatar
5 votes

Trying to get sued?

Anti-abortion laws in the US The heavy-handed laws introduced in some states are a deliberate challenge to Roe v Wade and are designed so that the state will lose a case and appeal all the way to the ...
Dale M's user avatar
  • 209k
5 votes

Texas: Standing

Standing requirements are different in state and federal courts, and from one state to the next. A random individual would not have standing to object to a stranger's abortion in federal court, and ...
bdb484's user avatar
  • 59.3k
4 votes
Accepted

Is "standing" required in a "private prosecution", and if so, who has it?

In the US, private prosecutions are heavily disfavored, and are not allowed in most jurisdictions. Where they are allowed, they tend to be limited in nature and subject to the ultimate control of a ...
cpast's user avatar
  • 23.9k
3 votes

Why do courts dismiss cases as moot?

For the same reason we don’t put the deceased on trial. It’s moot. John Doe may have been the worst serial killer ever, but if he’s dead, there’s no point having a fake trial, finding him guilty, ...
jmoreno's user avatar
  • 2,059
3 votes

Is standing required in traffic court cases when the accused raises the interest?

Article III only describes the federal judiciary. It begins, "The judicial Power of the United States...". Any standing analysis dependent on the text of Article III is restricted in scope to the ...
K-C's user avatar
  • 4,024
3 votes

How does [arbitrary attorney] have standing?

Attorneys are not delegates Keeping things very simple: Judge Sulivan has standing because he is the person named in the writ. Everyone has standing to challenge an order made on them personally. ...
Dale M's user avatar
  • 209k
3 votes

How does [arbitrary attorney] have standing?

If a random attorney at the direction of a judge has standing to challenge actions within executive branch jurisdiction, why didn’t a judge prosecute the banks guilty of criminal fraud leading to the ...
Kevin's user avatar
  • 4,649
3 votes
Accepted

Does the Trump campaign have standing to sue over defamation against Trump?

No But they aren’t suing over defamation against Trump; the are suing over (alleged) defamation of the campaign: the Campaign "assessed the potential risks and benefits of again seeking Russia's ...
Dale M's user avatar
  • 209k
3 votes

Texas: Standing

The other answers are right to point out that standing is largely determined by state law. Texas in particular has a strong precedent for this sort of law. For example, Spence v. Fletchler in the ...
creeon's user avatar
  • 31
3 votes

Would anyone have standing to challenge Biden's student loan forgiveness program?

Not less than a full house of Congress, and perhaps Congress as a whole, might have standing. It is hard to see anyone else who would. The law of Congressional standing (the link is to a report of the ...
ohwilleke's user avatar
  • 214k
3 votes

Post Alliance for Hippocratic Medicine standing

There is no parallelism between the Texas decision and the proposed lawsuit. In the anti-mifepristone lawsuit, there exists a statute granting the FDA authority to regulate and review new drugs, and a ...
user6726's user avatar
  • 215k

Only top scored, non community-wiki answers of a minimum length are eligible