Feldman v. Bowser

315 F. Supp. 3d 299
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 30, 2018
DocketNo. 15–cv–1967 (KBJ)
StatusPublished
Cited by5 cases

This text of 315 F. Supp. 3d 299 (Feldman v. Bowser) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feldman v. Bowser, 315 F. Supp. 3d 299 (D.C. Cir. 2018).

Opinion

KETANJI BROWN JACKSON, United States District Judge

The Local Budget Autonomy Amendment Act of 2012 ("the Budget Autonomy Act"), D.C. Law 19-321, 60 D.C. Reg. 1724 (Feb. 15, 2013), represents the culmination of decades of effort on the part of the government of the District of Columbia (the "District") to obtain greater budget autonomy by limiting the degree of congressional oversight over the manner in *302which the District enacts its annual budget and spends local tax and fee revenues. In the instant action, Plaintiff Clarice Feldman claims that the Budget Autonomy Act improperly circumvents congressionally-mandated budget procedures, because it authorizes the District to adopt and implement a "local" spending plan as part of the municipality's annual budget without submitting that portion of the budget to the President and Congress for approval. (See Compl., ECF No. 1, ¶¶ 12-24 (comparing the budgeting procedures that the Budget Autonomy Act prescribes with the congressionally-mandated procedures of the Home Rule Act, D.C. Code §§ 1-201.01 et seq. ); id. ¶¶ 41-42 (alleging that the Budget Autonomy Act violates the procedures prescribed in the Home Rule Act).) By virtue of her status as a District of Columbia taxpayer, Feldman contends that she has Article III standing to file a federal lawsuit that challenges the Budget Autonomy Act and each of the annual fiscal year ("FY") budgets that the District has enacted pursuant to that Act from 2016 to the present. Feldman's one-count complaint requests a declaration that the Budget Autonomy Act and the local portion of the District's annual budgets are unlawful, and seeks an injunction that prevents defendants Muriel Bowser (in her official capacity as the District's Mayor) and Jeffrey DeWitt (in his official capacity as the District's Chief Financial Officer) (collectively, "Defendants") from incurring further obligations or making further expenditures of local taxpayer funds on those portions of the District's annual budget. (See id. at 9.)1

Before this Court at present are the two motions to dismiss the complaint that Defendants have filed in this action. (See Def. DeWitt's Mot. to Dismiss ("DeWitt's Mot."), ECF No. 9; Def. Bowser's Mot. to Dismiss ("Bowser's Mot."), ECF No. 10.)2 As relevant here, both motions raise threshold challenges to Feldman's standing to bring this action. For the reasons explained below, this Court agrees with Defendants that Feldman does not have standing to challenge the legality of the Budget Autonomy Act or the method by which the District allocates its funds to be expended for otherwise-lawful purposes. Accordingly, this Court concludes that it has no subject-matter jurisdiction to entertain Feldman's complaint, and thus, Defendants' motions to dismiss the complaint must be GRANTED . A separate Order consistent with this Memorandum Opinion will follow.

I. BACKGROUND

A. The Home Rule Act And The Budget Autonomy Act

Before the early 1970s, the Council of the District of Columbia did not exist, and the United States Congress "prepared and approved, in an appropriations act, a budget for the District" each year. James W. Moeller, *303Congressional Management of the District of Columbia Prior to Home Rule: The Struggle to Underground Power Lines in the Nation's Capital , 19 UDC L. Rev. 115, 116-17 (2016). Congress enacted the Home Rule Act in 1973, as a compromise between continued congressional oversight and District autonomy. The Home Rule Act granted "the people of the District of Columbia an opportunity in exercising their rights once more and yet with adequate safeguards for the Federal interest component." Council of the Dist. of Columbia v. Gray , 42 F.Supp.3d 134, 139 (D.D.C. 2014), vacated and remanded sub nom. Council of the Dist. of Columbia v. Bowser , No. 14-7067, 2015 WL 3450417 (D.C. Cir. May 27, 2015) (internal quotation marks and citation omitted). As an initial matter, the Home Rule Act established the Council as the District's legislative branch. See D.C. Code § 1-204.01.3 Moreover, Title IV of the Home Rule Act set forth the District's Charter, which "establish[es] the means of governance of the District[,]" id. § 1-203.01, and thus essentially "serve[s] as a constitution[,]" Jackson v. Dist. of Columbia Bd. of Elections & Ethics , 999 A.2d 89, 123 (D.C. 2010). And just as with a state constitution, the District's Council can amend the Charter pursuant to a process set forth in the Home Rule Act. See D.C. Code § 1-203.03(a).

Significantly for present purposes, the Home Rule Act also authorized the District's Council to adopt an annual budget (including both locally-derived and federal funds), which the Mayor submitted to the President of the United States, who then forwarded that budget request to Congress for review as part of the national budget. See id. § 1-204.46 (2006); see also Gray , 42 F.Supp.3d at 140.

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315 F. Supp. 3d 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-bowser-cadc-2018.