Wednesday, January 5, 2011

Update on United States Citizens Association v. Obama

Another update on one of the less-closely-followed cases.

On November 22, Judge David D. Dowd (Northern District of Ohio) dismissed three of the plaintiffs' claims in U.S. Citizens Association v. Obama, but he denied the United States's motion to dismiss with respect to the plaintiffs' claim that 1501(b) exceeds Congress's enumerated powers. (You can find the opinion here.) Not long thereafter, the United States filed a motion to stay the proceedings in the case on the ground that Thomas More Law Center v. Obama was already docketed in the Sixth Circuit, and the Sixth Circuit's decision in that case would entirely control the outcome in U.S. Citizens Association on the one claim that Judge Dowd had not dismissed. The plaintiffs opposed a stay, however, on the ground that it would substantially delay their ability to appeal Judge Dowd's dismissal of their other three claims. (Such a dismissal cannot be appealed until after the other proceedings have concluded at the District Court.)

On December 20, Judge Dowd denied the United States's motion for a stay, and the case will proceed forthwith. (You can access that order here.) Here is the schedule for upcoming filings:

* The parties' motions for summary judgment are due by January 24.

* Responses to the motions for summary judgment are due by February 14.

Judge Dowd has yet to decide whether to hold a hearing on the summary judgment motions.