Second Circuit: Mantena v. Johnson

Immigration, jurisdiction-stripping, standing.

The INA's jurisdiction-stripping provisions bar challenges to the substance of the decision, not procedural questions such as adequate notice.

When statute removes jurisdiction from a court, the correct procedure is to find subject matter jurisdiction and then determine that there is no judicially cognizable right.

When the notification of a third party is a prerequisite to the assertion of a right, a party has sufficient injury-in-fact for third-party standing upon the deprivation of notice.

Prudential standing is satisfied, as the party is asserting her own right.

Administrative definitions of standing do not touch Article III standing.

Subsequent statutory scheme altered the interest of parties, so prior administrative structure not a valid basis for deprivation of fair notice.

In the new "portability" scheme, providing notice to neither the petitioner nor the second employer violates the notice requirements.

http://www.ca2.uscourts.gov/decisions/isysquery/debf609a-5626-451b-b673-60ca2db5129b/1/doc/14-2476_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/debf609a-5626-451b-b673-60ca2db5129b/1/hilite/

DC Circuit: Food & Water Watch, Inc. v. Thomas Vilsack

Food safety.  Article III Standing generally, and for the purposes of an injunction.

Lower court held that there wasn't substantial likelihood of standing for purposes of the injunction, but dismissed the case, so the general threshold of Article III standing governs the appeal.  [Apparently, this is a lower threshold.]

Individuals and individual members of associations don't have a concrete and particularized injury, because an increased likelihood of unwholesome poultry carcasses in general has not been established.

The fact that the food safety advocacy would have to step up its advocacy is not an injury in fact for the purposes of organizational standing.

Omission of procedural right insufficient injury.

Concurrence in J - Individuals could simply avoid chickens from the plants in question; organizational injury limited to issue advocacy costs.

Concurrence - Organizational standing and individual standing have grown too disparate.

https://www.cadc.uscourts.gov/internet/opinions.nsf/0F9AADF33503A72F85257F230057317B/$file/15-5037-1589972.pdf