Tuesday audio. 11th Amendment papers due Monday.
• On what basis might the court resolve the following case: State
law prohibits companies from labeling their products as "meat" if the
product is not derived from animals. Plaintiff is a vegan food producer
who does not use the word "meat" on its labeling or marketing.
Plaintiffs brings an EpY action and seeks a preliminary
injunction (requiring likelihood of success on the merits) against
enforcement of the law on free speech grounds.
Prep Taxpayer Standing and Third-Party Standing for Monday; we will get to State Standing on Tuesday.
• Why special taxpayer standing rules for the Establishment Clause? Can taxpayers challenge the student-loan forgiveness program?
• Consider: Congress wants to support people having crucifixes (obviously an Establishment Clause violation). It can choose 3 approaches; which are subject to challenge on a Flast theory:
• Govt purchases crucifixes and sends one to every citizen
• Individuals purchase and Govt reimburses at 100 %
• Individuals purchase and Govt gives a tax credit of 100 % of price
• Why limit third-party standing? How does this doctrine turn on the distinction between rights and injuries?
• What are the requirements for third-party standing? Why is this not 1st-party standing?
• Consider the standing and third-party standing analysis in the following cases:
• Drs., clinics, or distributors challenging limits on the use and sale of contraception
• White homeowner challenging a racially restrictive covenant
• Attorney challenging state law not providing free attorneys for appeals of guilty pleas.
• Bar owner challenging a state law imposing a higher drinking age for men than women
• Criminal defendant challenging the prosecution's use of a racially discriminatory peremptory challenge
• Man (whose deceased father was US citizen) facing removal from the country challenging federal law imposing higher requirements for a US-citizen father to pass citizenship to his child compared with a US-citizen mother. (In other words, the Man would have been a US citizen from birth had his mother been a US citizen, but was not a US citizen from birth because his father was a US citizen).
• What is First Amendment overbreadth? How can you explain it as a standing doctrine and how can you explain it as a substantive constitutional doctrine?
• What is the difference between organizational standing and associational standing? Read the portions of Hippocratic Medicine dealing with the organization's standing, as well as Justice Thomas' concurring opinion.
We will get to State Standing on Tuesday, then move to the next panel on Mootness and Ripeness.
