Tag:Constitution
Power Without Process: Federal Enforcement in Chicago Tests the Rule of Law
The Trump administration’s decision to deploy Immigration and Customs Enforcement (ICE) officers and National Guard troops in Chicago has sparked nationwide debate over the boundaries of lawful enforcement. Federal officials describe the move as a necessary step to protect agents and restore order. State and local leaders, however, have accused the federal government of ignoring the legal limits that govern both immigration and military authority. Beneath the political clash lies a deeper legal concern: whether federal agencies are operating within the procedural safeguards and statutory frameworks that legitimize their power.
Understanding Circuit Splits Regarding Article III Standing in Data Breach Litigation
Complex litigation in data breach disputes is not surprising due to the reliance on information technology infrastructure. The Identity Theft Resource Center defines a data breach as “an incident in which an individual name plus a Social Security number, driver’s license number, medical record or financial record is potentially put at risk because of exposure.” However, the issue that challenges most plaintiffs’ in a data breach lawsuit is the ability to establish an injury-in-fact sufficient to support Article III standing. Injury-in-fact is harm that is concrete and particularized, and actual or imminent. Currently, the United States Court of Appeals fails to uniformly decide this issue, creating “splits” in the Circuits regarding Article III standing in data breach litigation. The Supreme Court ruled in fact-distinguishable cases concerning standing, but not in the data breach litigation context. Until the Supreme Court renders guidance, Americans face significant judicial patchwork in privacy protection.