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
Latest Conference: 2020-11-20
Question Presented (from Petition)

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
"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. m v 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
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.

Question Presented (AI Summary)

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

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