Can challenge a bank's legal standing? Has the Supreme court just provided homeowners more ammunition to challenge foreclosures based on standing and cause of action?
Bond Vs the United States
The indicted defendant, petitioner here, sought to argue the invalidity of the statute. She relied on the Tenth Amendment , and, by extension, on the premise that Congress exceeded its powers by enacting it in contravention of basic federalism principles. The statute, 18 U. S. C. §229, was enacted to comply with a treaty; but petitioner contends that, at least in the present instance, the treaty cannot be the source of congressional power to regulate or prohibit her conduct.
The Court of Appeals held that because a State was not a party to the federal criminal proceeding, petitioner had no standing to challenge the statute as an infringement upon the powers reserved to the States. Having concluded that petitioner does have standing to challenge the federal statute on these grounds, this Court now reverses that determination.
I’m not a legal scholar by any stretch of the imagination, but this does look like a major blow to Fedzilla. If individuals can sue on Tenth Amendment grounds, there are are innumerable cases of federal overreach that might be subject to lawsuits. That would probably explain the lack of coverage. Take a look at the decision, that was written by Justice Kennedy.
If there are any legal professionals out there reading this, do you have any additional takes on this?
BOND v. UNITED STATES http://bit.ly/qMOpRa