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re: Breaking: SCOTUS approves use of Pentagon funds for Border Wall

Posted on 7/26/19 at 8:47 pm to
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 7/26/19 at 8:47 pm to
quote:

that litigation will continue vis-à-vis litigants with more substantive standing claims.


Who would these litigants actually be? The only ones I can reasonably foresee are those filing Takings Clause claims under 5A.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 7/26/19 at 8:50 pm to
quote:

Who would these litigants actually be? The only ones I can reasonably foresee are those filing Takings Clause claims under 5A.
The property owners that you describe would not have standing to challenge the spending under the NEA. They would only have standing to challenge the taking of their own property and the price paid under eminent domain.

The extant litigants in question, as I recall, are several state governments, plus (I think) the house of representatives.

As I recall, all of those lawsuits were stayed, pending the appellate process in the Sierra Club case. those stays, in my opinion were foolishness, because anyone with half a brain would have recognized the standing issues which became problematic in the Sierra Club case.
This post was edited on 7/26/19 at 9:00 pm
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