Jason B. Nicholas v. Donald J. Trump

• Court: Court of Appeals for the D.C. Circuit
• Decided: May 27, 2025
• Docket: 24-5287
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5287 September Term, 2024 1:24-cv-02530-UNA Filed On: May 27, 2025 Jason B. Nicholas,

Appellant

v.

Donald J. Trump, President, United States of America, et al.,

Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

BEFORE: Pillard, Katsas, and Rao, Circuit Judges

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief and appendix filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s October 22, 2024 order be affirmed. The district court correctly concluded that appellant lacks standing. See Food & Drug Admin v. Alliance for Hippocratic Medicine, 602 U.S. 367, 381 (2024) (observing that an injury-in-fact “must affect the plaintiff in a personal and individual way and not be a generalized grievance” (internal quotation marks omitted)). Appellant’s reliance on United States v. Texas, 599 U.S. 670 (2023), is unavailing. The Supreme Court in Texas did not purport to dispense with or provide an exception to the injury-in-fact requirement, which appellant has not satisfied here. Moreover, the district court did not err by sua sponte dismissing the case for lack of standing. See Bauer v. Marmara, 774 F.3d 1026, 1029 (D.C. Cir. 2014) (“Standing can be raised at any point in a case proceeding and, as a jurisdictional matter, may be raised, sua sponte, by the court.” (internal quotation marks omitted)); Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________ No. 24-5287 September Term, 2024

of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT: Clifton B. Cislak, Clerk

BY: /s/ Daniel J. Reidy Deputy Clerk

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