James M. Kerven v. United States

Do You think Justice Louis Brandeis using his Brandeis Arithmetic could get standing before the court without a particularized injury.?

Do you think God herself, could get standing before the court using her superior investigative skills without a particularized injury?

Could you envision a situation where God herself, could get standing in a citizen suit using her superior investigative skills, without a particularized injury but instead using an “exceptional particularized grievance”,where the court retained the prudential discretion to judge it a generalized grievance if she was faking it?

Given Justice Jackson’s statement in “West Virginia v. Barnette” about rights guaranteed by the “Bill of Rights” which include majoritarian rights “these rights are not subject to a vote” do you think allowing the situation described in question 3. would be more constitutional than the current prudential rules of standing?

mv view is inherent in those protected rights particularly when one of them is the right to petition for redress of grievances is the right to petition for redress with a common injury and an exceptional particularized grievance. Kerven believes there is also often a discernible difference between wrongful omission and the Brandeis concept of government as bad actor. However, unlike Justice Brandeis and God herself, the Lesser Kerven has a particularized injury. See reasons for granting the Writ page 12.