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Kowalski Vs. Tesmer

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  • US Supreme Court
  • Dec 13, 2004

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64 entries 7 linked 57 unlinked
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  1. Warth Vs. Seldin US Supreme Court · Jun 25, 1975
  2. Griswold Vs. Connecticut US Supreme Court · Jun 07, 1965
  3. Barrows Vs. Jackson US Supreme Court · Jun 15, 1953
  4. Doe Vs. Bolton US Supreme Court · Jan 22, 1973
  5. Craig Vs. Boren US Supreme Court · Dec 20, 1976
  6. Conn Vs. Gabbert US Supreme Court · Apr 05, 1999
  7. Eisenstadt Vs. Baird US Supreme Court · Mar 22, 1972
  8. Syllabus October Term, 2004 Kowalski V. Tesmer
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  9. Supreme Court of the United States Kowalski, Judge, 26th Judicial Circuit Court of Michigan, Et Al. V. Tesmer
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  10. Court held the practice and statute unconstitutional, but a Sixth Circuit panel reversed, holding that Younger v. Harris
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  11. s ability to protect his own interests. Powers v. Ohio
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  12. Caplin & Drysdale, Chartered v. United
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  13. States, 491 U. S. 617 , and Department of Labor v. Triplett
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  14. rights, not those of the hypothetical clients asserted here. And Department of Labor v. Triplett
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  15. concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined. Kowalski v. Tesmer
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  16. Opinion of the Court Kowalski V. Tesmer
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  17. States No. 03-407 John F. Kowalski, Judge, 26TH Judicial Cir- Cuit Court of Michigan, Et Al., Peti- Tioners V. John
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  18. was to take effect, the District Court issued an order holding the practice and statute unconstitutional. Tesmer v. Granholm
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  19. who pleaded guilty. 114 F. Supp. 2d 622 (2000). A panel of the Court of Appeals for the Sixth Circuit reversed. Tesmer v. Granholm
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  20. F. 3d 536 (2002). The panel held that Younger v. Harris
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  21. It then held that the statute was constitutional. The Court of Appeals granted rehearing en banc and reversed. Tesmer v. Granholm
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  22. s case-or-controversy requirement. See Lujan v. Defenders
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  23. address the alternative threshold question whether they have standing to raise the rights of others. See Ruhrgas AG v. Marathon
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  24. Secretary of State of Md. v. Joseph
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  25. relationship with the person who possesses the right. Powers v. Ohio
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  26. supra , at 510 (emphasis added) (citing Doe v. Bolton
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  27. see Craig v. Boren
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  28. we have not looked favorably upon third-party standing. See, e.g. , Conn v. Gabbert
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  29. an attorney-client relationship as sufficient to confer third-party standing. See Caplin & Drysdale, Chartered v. United
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  30. Department of Labor v. Triplett
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  31. U. S. 715 (1990). In Caplin & Drysdale, Chartered v. United
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  32. quite distinct from the hypothetical attorney-client relationship posited here. In Department of Labor v. Triplett
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  33. advancing their own constitutional rights against the Michigan scheme. Powers v. Ohio
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  34. constitutional claim. That hypothesis, however, was disproved in the Michigan courts, see, e.g., People v. Jackson
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  35. People v. Wilkins
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  36. Mich. 949, 620 N. W. 2d 528 (2001) (same), and this Court, see Pet. for Cert. in Halbert v. Michigan
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  37. rights. See Powers v. Ohio
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  38. Ruhrgas AG v. Marathon
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  39. Oil Co. , 526 U. S., at 586. The doctrine of Younger v. Harris
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  40. a favorable decision will provide redress. Lujan v. Defenders
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  41. relief aimed at the system. Again, we assume, without deciding, that these allegations are sufficient. See Ruhrgas AG v. Marathon
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  42. forum-shopping of this kind is not a basis for third-party standing. See, e.g. , Caplin & Drysdale, Chartered v. United
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  43. is telling. By the time the Michigan Supreme Court had a chance to rule on even the prestatutory practice, see People v. Bulger
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  44. District Court had ruled the prestatutory practice and the impending statute itself unconstitutional. Tesmer v. Granholm
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  45. by asserting the rights of some hypothetical claimant (or claimants). Ibid . And so on. Kowalski v. Tesmer
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  46. for instance, that beer vendors have standing to raise the rights of their prospective young male customers, see Craig v. Boren
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  47. that criminal defendants have standing to raise the rights of jurors excluded from service, see Powers v. Ohio
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  48. Younger v. Harris
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  49. Powers v. Ohio
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  50. and Department of Labor v. Triplett
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