SCOTUS says the National Trust likely lacks standing to challenge White House East Wing construction. Emergency order. Generalized institutional interest in historic preservation is not a concrete, particularized injury under Article III. Standing is an original limit on judicial power. Aesthetic or institutional disagreement with how the Executive uses federal property does not automatically open […]
Tag Archives: #SCOTUS
Seventh Circuit rejected a private group’s attempt to force Wisconsin to turn over voter-list records under the NVRA. Wisconsin is exempt because it offers Election-Day registration. The exemption relieves the State of a federal duty; it does not impose a unique burden that violates equal sovereignty. The NVRA rests on the Elections Clause, not § […]
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Supreme Court Decision in Montgomery v. Caribe Transport II, LLC (2026): A Textualist Victory for State Safety Authority
In a unanimous opinion authored by Justice Amy Coney Barrett, the U.S. Supreme Court correctly held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state-law negligent hiring claims against freight brokers. The Court properly focused on the statute’s plain text—particularly the safety exception preserving states’ authority to regulate “with respect to motor […]
On January 24, 2022, the U.S. Supreme Court granted certiorari in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. The Court consolidated SFFA v. Harvard with SFFA v. University of North Carolina because both lawsuits are being brought by the SFFA and seek to reverse the Court’s 2003 decision in Grutter […]