Trump’s Upcoming Refusal to Leave Office: The Very Bad News

NEIL H. BUCHANAN

In this second of a two-part series of columns considering the likelihood that President Trump will refuse to leave the White House even if he loses the election, UF Levin College of Law professor and economist Neil H. Buchanan describes the bad news that Trump and his supporters seem likely to use violence to keep him in office.

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Latest Twist in the Flynn Case Highlights the Danger of Judicial Deference to Trump’s Administration

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on a decision by a panel of the U.S. Court of Appeals for the D.C. Circuit holding that U.S. District Judge Emmet G. Sullivan exceeded his power by refusing to grant the Justice Department’s motion to dismiss the case against Michael Flynn, President Trump’s former national security advisor. Sarat explains the relationship between the judiciary and prosecutors and points out that that judicial deference toward prosecutorial decisions can only be reconciled with constitutional governance if prosecutors respect, and are guided by, canons of integrity and professionalism. Sarat argues that the current leadership of the Justice Department shows utter disdain for such canons.

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Van v. LLR, Inc.

Docket: 19-35242

Opinion Date: June 24, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure, Constitutional Law

For standing purposes, a loss of even a small amount of money is ordinarily an injury. The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III. Plaintiff filed a putative class action on behalf of LLR customers in Alaska who were improperly charged sales tax. The complaint alleged claims for conversion and misappropriation and for violation of the Alaska Unfair Trade Practices and Consumer Protection Act. In this case, plaintiff was refunded $531.25 for sales tax charges, but contends that she is owed at least $3.76 in interest on that sum to account for her lost use of the money. The district court granted LLR's motion to dismiss. The Ninth Circuit held that the district court erred by concluding that $3.76 is "too little to support Article III standing." The panel held that plaintiff suffered a cognizable and concrete injury: the loss of a significant amount of money (over $500) for a substantial amount of time (months with respect to some purchases, over a year with respect to others). Accordingly, the court reversed and remanded for further proceedings.