Summary
The magistrate judge recommends dismissing Robert Wooten’s action against President Donald J. Trump for lack of subject-matter jurisdiction. The recommendation concludes that the plaintiff lacks Article III standing because his alleged injuries are speculative and that claims seeking removal of the President or preemptive restriction of executive orders present nonjusticiable political questions. The recommendation also rejects the plaintiff’s arguments challenging the legal basis of subject-matter jurisdiction and standing.
Holdings
- Plaintiff failed to establish Article III standing because the First Amended Complaint did not allege a concrete and particularized injury that was actual or imminent, fairly traceable to the challenged conduct, and likely to be redressed by the requested relief.
- To the extent plaintiff sought to remove the President from office or preemptively prevent executive orders implementing policy objectives, those claims presented political questions committed to Congress or the Executive Branch and were not subject to judicial review.
- The action should be dismissed for lack of subject-matter jurisdiction because plaintiff lacked standing and the challenged requests were barred by the political question doctrine.
Questions Presented
- Whether plaintiff established Article III standing to challenge the alleged executive actions and policies.
- Whether the claims presented a nonjusticiable political question concerning the President's fitness for office, removal, or policy decisions.
- Whether the court was required to dismiss the action for lack of subject-matter jurisdiction.
Disposition
other
Cases Cited (16)
- Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 377 (1994)(followed)
- Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019)(followed)
- Rainero v. Archon Corp., 844 F.3d 832, 841 (9th Cir. 2016)(followed)
- Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006)(followed)
- Chandler v. State Farm Mutual Automobile Insurance Co., 598 F.3d 1115, 1121-22 (9th Cir. 2010)(followed)
- Corrie v. Caterpillar, Inc., 503 F.3d 974, 982 (9th Cir. 2007)(followed)
- Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)(followed)
- Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 217 (1974)(followed)
- United States v. Richardson, 418 U.S. 166, 173-78 (1974)(followed)
- Drake v. Obama, 664 F.3d 774, 779-84 (9th Cir. 2011)(followed)
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Court Document
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