James M. Kerven v. United States
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.
Do you think Justice Louis Brandeis using his Brandeis-Arithmetic could get standing before the court without a particularized-injury?