No. 20-573

James M. Kerven v. United States

Lower Court: Second Circuit
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing bill-of-rights brandeis-arithmetic civil-rights constitutional-standing due-process particularized-injury petition-for-redress petition-rights prudential-discretion standing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Do you think Justice Louis Brandeis using his Brandeis-Arithmetic could get standing before the court without a particularized-injury?

Question Presented (OCR Extract)

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.

Docket Entries

2020-11-23
Petition DENIED.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-11-02
Waiver of right of respondent United States to respond filed.
2020-08-20
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

James Kerven
James M. Kerven — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent