James M. Kerven v. United States
JusticiabilityDoctri
Do you think Justice Louis Brandeis using his Brandeis-Arithmetic could get standing before the court without a particularized-injury?
QUESTION(S) PRESENTED : 1, Do You think Justice Louis Brandeis using his . . Brandeis Arithmetic could get standing before the court without a particularized injury.? : . ; 2. Do you think God herself, could get standing before the court using her superior investigative skills without a particularized injury? 3. Could you envision a situation where God herself, could get standing in a citizen suit using her superior investigative skills, without a . . particularized injury but instead using an uo “exceptional particularized grievance”,where the . . court retained the prudential discretion to judge it a : generalized grievance if she was faking it? . 4. Given Justice Jackson’s statement in “West Virginia v. Barnette” about rights guaranteed by the “Bill of Rights” which include majoritarian rights “these rights are not subject to a vote” do you , think allowing the situation described in question 3. : : : ‘ would be more constitutional than the current . prudential rules of standing? ! ; 5.my view is inherent in those protected rights . ; particularly when one of them is the right to ‘ . petition for redress of grievances is the right to ; petition for redress with a common injury and an a. : exceptional particularized grievance. Kerven believes there is also often a discernible difference between wrongful omission and the Brandeis concept of government as bad actor. However, : unlike Justice Brandeis and God herself, the Lesser Kerven has a particularized injury. See ‘ reasons for granting the Writ page 12.