Ninth Circuit: Michael Peirce v. Douglas Ducey


State citizen has insufficient concrete or personal harm to challenge state constitutional reallocation of assets held in trust by the state, claiming that the constitutional amendments violate the terms of the trust as defined in the federal enabling legislation.

The voluntary cessation to mootness would not apply in such a case if Congress were to ratify the change, since the alleged transgressor is the state, not the federal government.

Although there is insufficient basis for a private right of action under the federal statute, the bar is not necessarily a jurisdictional one.