Wittman v. Personhuballah

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Wittman v. Personhuballah
Seal of the United States Supreme Court.svg
Argued March 21, 2016
Decided May 23, 2016
Full case nameRobert J. Wittman, et al., Appellants v. Gloria Personhuballah, et al.
Docket no. 14–1504
Citations578 U.S. ___ ( more )
136 S. Ct. 1732; 195 L. Ed. 2d 37
Opinion announcement Opinion announcement
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Elena Kagan
Case opinion
MajorityBreyer, joined by unanimous

Wittman v. Personhuballah, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the appellants lacked standing under Article III of the United States Constitution to pursue their appeal. [1] The case dealt with redistricting by the Virginia Legislature of Virginia's 3rd congressional district and allegations of gerrymandering based upon race. [1] The appeal was brought by Congressmen David Brat, Randy Forbes, and Rob Wittman. [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions.

In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes:

  1. The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief.
  2. The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment to the Constitution of the United States, because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law – the so-called "chilling effects" doctrine.
  3. The party is granted automatic standing by act of law. Under some environmental laws in the United States, a party may sue someone causing pollution to certain waterways without a federal permit, even if the party suing is not harmed by the pollution being generated. The law allows them to receive attorney's fees if they substantially prevail in the action. In some U.S. states, a person who believes a book, film or other work of art is obscene may sue in their own name to have the work banned directly without having to ask a District Attorney to do so.
Virginias 3rd congressional district

Virginia's third congressional district is a United States congressional district in the Commonwealth of Virginia, serving the independent cities of Franklin, Newport News, and Portsmouth, parts of the independent cities of Chesapeake, Hampton, Norfolk, and Suffolk, and all of the county of Isle of Wight. The current representative is Robert C. Scott (D).

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Loving v. Virginia, 388 U.S. 1 (1967), was a landmark decision of the U.S. Supreme Court which struck down all state laws banning interracial marriage as violations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. The case was brought by Mildred Loving (née Jeter), a woman of color, and Richard Loving, a white man, who had been sentenced to a year in prison in Virginia for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored".

Harper v. Virginia Board of Elections, 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and early 20th centuries, eleven southern states established poll taxes as part of their disenfranchisement of most blacks and many poor whites. The Twenty-fourth Amendment to the United States Constitution (1964) prohibited poll taxes in federal elections; five states continued to require poll taxes for voters in state elections. By this ruling, the Supreme Court banned the use of poll taxes in state elections.

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Fairfax's Devisee v. Hunter's Lessee, 11 U.S. 603 (1813), was a United States Supreme Court case arising out of the acquisition of Fairfax land in the Northern Neck of the state of Virginia by the family and associates of John Marshall, including Robert Morris. Because of the complexity of the conveyances of Fairfax land prior to the acquisition, litigation was almost bound to arise even in the absence of questions arising under the Peace Treaty.

Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85 (1977), was a case in which the Supreme Court of the United States found that an ordinance prohibiting the posting of "for sale" and "sold" signs on real estate within the town violated the First Amendment to the United States Constitution protections for commercial speech.

Patrick Morrisey West Virginia politician

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Friedrichs v. California Teachers Association, 578 U.S. ___ (2016), is a United States labor law case that came before the Supreme Court of the United States. At issue in the case was whether Abood v. Detroit Board of Education should be overruled, with public-sector "agency shop" arrangements invalidated under the First Amendment, and whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring employees to consent affirmatively to subsidizing such speech. Specifically, the case concerned public sector collective bargaining by the California Teachers Association, an affiliate of the National Education Association.

Luis v. United States, 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the pre-trial restraint of assets needed to retain a defendant's counsel of choice when those assets have not been used in conjunction with criminal activity.

Nichols v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Sex Offender Registration and Notification Act (SORNA) does not require an individual to update his registration after departing a state.

Welch v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court ruled that the decision in Johnson v. United States announced a substantive rule change and is therefore retroactive.

Molina-Martinez v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the United States Court of Appeals for the Fifth Circuit's reliance on a requirement that defendants show "additional evidence" to show substantial harm arising from incorrect sentencing guidelines is impermissible.

Betterman v. Montana, 578 U.S. ___ (2016), was a United States Supreme Court case which held that the right to a speedy trial does not guarantee the right to speedy sentencing. It was decided on May 19, 2016.

Spokeo, Inc. v. Robins, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. The Court did not discuss whether "the Ninth Circuit’s ultimate conclusion — that Robins adequately alleged an injury in fact — was correct."

Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action".

References

  1. 1 2 3 Wittman v. Personhuballah,No. 14-1504 , 578 U.S. ___, 136 S. Ct. 1732, 1733 (2016).
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