Legal Opinion · Concurrence

Moore v. U.S. House of Representatives

Court of Appeals for the D.C. Circuit

Decided May 4, 1984No. Nos. 83-1077, 83-1190Published

1ConcurrenceScalia, Circuit Judge

The chancellor’s foot has never been considered a particularly satisfactory unit of measure, even for matters of relatively small public consequence. It is regrettable to see it applied, now for the fourth time in a panel opinion of this court, as a substitute for the doctrine of standing in marking off the separation of powers. I write separatély because, while agreeing that we should abstain from deciding this dispute, I *126view that abstention to be the result not of our discretion but of constitutional command. As the District Court correctly-found, these plaintiffs have no standing to press…

2Cases cited39 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Rizzo v. GoodeSupreme Court of the United States · 1976
  5. Marbury v. MadisonSupreme Court of the United States · 1803

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