Federal Judiciary

Petition of the day

By Conor McEvily

Today?s petition of the day is:

Title: International Boundary Commission v. Leu
Docket: 10-630
Issue(s): 1) Whether a high-ranking executive branch official must be a party, for redressability, when another party challenges the President's power to remove him from office; 2) whether, when parties answering an ambiguous complaint disagree as to which party is being sued, a federal judge has jurisdiction to decide which party is the correct party with the capacity to answer the complaint; and 3) whether, under Rule 25(d) of the Federal Rules of Civil Procedure, the Department of Justice is permitted to substitute for a named defendant, thereby enabling Justice Department representation under 28 US.C. § 516, when the named defendant is not an officer of the United States and the organization sued is not an agency of the United States.

Certiorari-Stage Documents:

• Opinion below (9th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on December 13, 2010 (boomark / email).