The Mask Slips: Standing, the Affordable Care Act, and Hypocrisy in High Places

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers one aspect of the oral argument in California v. Texas, the latest challenge to the Affordable Care Act to come before the U.S. Supreme Court. Specifically, Colb considers the way in which some of the Justices talked during the oral argument about the doctrine of judicial standing, and she calls out those Justices’ hypocrisy as to that issue.

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Doe v. Maine Board of Osteopathic Licensure

Citation: 2020 ME 134

Opinion Date: November 17, 2020

Judge: Connors

Areas of Law: Government & Administrative Law

The Supreme Judicial Court affirmed the judgment of the superior court dismissing the three-count complaint filed by John Doe, DO, against the Maine Board of Osteopathic Licensure, holding that Doe failed to state a claim upon which relief may be granted as to any of his claims. Two of Doe's complaints sought a declaration that pending disciplinary complaints against him must be dismissed because the Board did not provide him the required notice, and the third count claimed that the Board failed to address the complaints in a timely manner. The superior court dismissed the first two counts for failure to state a claim and the third count for lack of subject matter jurisdiction. The Supreme Judicial Court affirmed, holding that dismissal of all three counts was proper on the grounds that Doe failed to state a claim upon which relief may be granted.

Ogden v. Labonville

Citation: 2020 ME 133

Opinion Date: November 17, 2020

Judge: Joseph Jabar

Areas of Law: Landlord - Tenant, Real Estate & Property Law

The Supreme Judicial Court affirmed the summary judgment entered by the superior court ejecting Defendant from real property pursuant to Me. Rev. Stat. 14, 6701-7053, holding that the trial court properly entered judgment for Plaintiffs, the property owners. Plaintiffs filed a complaint seeking to eject Defendant from the property and obtain a writ of possession. The trial court granted Plaintiffs' motion for summary judgment for their claim of ejectment. The Supreme Judicial Court affirmed, holding that the trial court (1) correctly interpreted Me. Rev. Stat. 14, 6961 and the legal framework governing real actions for ejectment; (2) did not err in entering partial summary judgment for Plaintiffs granting them a writ of possession; and (3) did not err in concluding that its judgment rendered Defendant's counterclaim for declaratory judgment moot.