Supreme Court

It is our view that Klein stands for the position that Congress cannot restrict Supreme Court appellate review in an effort to direct particular substantive results. Congress says that Klein was different and should be distinguished because it involved presidential pardon power. They argue that, despite the broad language in Klein, the decision does not support a general proposition that Congress may not restrict jurisdiction in order to direct substantive outcomes, only that Congress cannot limit our jurisdiction in a manner that violates other constitutional provisions.

Law Environmental Services

I agree with Ginsburg in Friends of the Earth v. Laidlaw Environmental Services that while to abandon a case at an advanced stage may prove more wasteful than frugal. FBS is capable of freely returning to the allegedly improper behavior at any time and this case will likely come back up through our judicial system if we discard it now. To balance the increased expenses resulting from our broad standing doctrine adopted today, to best serve efficiency and justice, this court maintains a presumption against mootness.