Schonberg v. McConnell et al

Filing 36

MEMORANDUM AND OPINION by Senior Judge Thomas B. Russell on 11/19/2013; re 33 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by Joseph R. Biden, Mitch McConnell; an appropriate order shall issue cc:counsel (KJA)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO. 3:13-CV-00220-TBR et al. MEMORANDUM OPINION MEMORANDUM OPINION AND ORDER BACKGROUND STANDARD Total Benefits Planning Agency v. Anthem Blue Cross & Blue Shield Great Lakes Steel v. Deggendorf Id. Morgan v. Church’s Fried Chicken Bassett v. Nat’l Collegiate Athletic Ass’n Amini v. Oberlin Coll. Bell Atl. Corp. v. Twombly Id. Id. Ashcroft v. Iqbal Twombly Id. Id. DISCUSSION I. Plaintiff lacks constitutional standing to bring this case. Lujan v. Defenders of Wildlife Kardules v. City of Columbus, Shakman v. Dunne available at McConnell v. Fed. Election Comm’n Id. v. Massachusetts Citizens for Life, Inc. Hooker v. Federal Election Comm’n See Clapper v. Amnesty Int’l, USA Fed. Election Comm’n Doe v. McMillan Kilbourn v. Thompson See Newdow v. United States Congress rev’d on other grounds II. Plaintiff’s challenge represents a non-justiciable political question. See Baker v. Carr, Yellin v. United States Yellin United States v. Smith Smith Id. United States v. Ballin Id. Id. Ballin Id. Powell v. McCormack Nixon v. United States Powell Id. Nixon see Powell Id. Nixon Powell CONCLUSION November 19, 2013

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