Wednesday, October 30, 2024

This course in a nutshell

I said on the first day of class that much of what you see in the news relates to this course. That is especially true in presidential election years.

This Fourth Circuit decision is its own Fed Courts class. The RNC sued in state court, challenging the state' failure to clear voter roles as violating federal law and the state constitution; the state officials and the DNC as intervening defendant removed. The Fourth Circuit held that the case was properly removed. The whole thing is 40 pages long, but worth a read. It features:

    • Embedded federal issues under Grable and Gunn.

    •  § 1443(2) civil rights removal and when a law provides for racial equality.

    • Organizational and associational standing, the difference between them, and the limits Hippocratic Medicine might have imposed on both. (The concurring opinion discussing standing is only 8 pages--I recommend reading it as preparation for our discussion on Monday).