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Incidentally, KBJ just sniped at Kavanaugh over his Kavanaugh Stops opinion in a footnote today joined by Sotomayor. She isn't letting this one go. www.supremecourt.gov/opinions/25p...
Contemporary commentators predicted that our decision in Lyons would close the door to “a broad range of analogous lawsuits” aimed at systemic misconduct and abuse on the part of law enforcement. R. Fallon, Of Justiciability, Remedies, and Public Law Litigation: Notes on the Jurisprudence of Lyons, 59 N. Y. U. L. Rev. 1, 71–72 (1984). That prediction proved accurate. Today, courts routinely rely on Lyons to deny plaintiffs standing to seek injunctions against future police behavior. See, e.g., J. W. ex rel. Tammy Williams v. Birmingham Bd. of Educ., 904 F. 3d 1248, 1267 (CA11 2018) (per curiam); Shain v. Ellison, 356 F. 3d 211, 216 (CA2 2004); Whitfield v. Ridgeland, 876 F. Supp. 2d 779, 787– 788 (SD Miss. 2012); see also Noem v. Vasquez Perdomo, 606 U. S. ___, ___ (2025) (KAVANAUGH, J., concurring) (slip op., at 4) (concluding that, under Lyons, Latino plaintiffs who were “stopped for immigration questioning allegedly without reasonable suspicion of unlawful presence” lacked standing to seek an injunction).
January 14, 2026 at 4:47 PM