From Casetext: Smarter Legal Research

Keener v. Congress of United States

United States Court of Appeals, Fifth Circuit
Aug 23, 1972
467 F.2d 952 (5th Cir. 1972)

Summary

holding that sovereign immunity applies to the legislative branch

Summary of this case from Ardalan v. McHugh

Opinion

No. 72-1725. No. 72-1725. Summary Calendar.

Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.

On Suggestion for Denial of Hearing En Banc and Opinion August 23, 1972.

B. Nowlin Keener, Jr., pro se.

William H. Stafford, Jr., U.S. Atty., Pensacola, Fla., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Florida.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.



ON SUGGESTION FOR HEARING EN BANC


No Judge in regular active service on the Court having requested that the Court be polled on hearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Hearing En Banc is denied.

PER CURIAM:

Appellant is distressed by, inter alia, the decision made in 1934 by appellee, the Congress of the United States, to abandon the gold standard. In this action he seeks a writ of mandamus ordering appellee to return to some "uniform method of valuation" for United States currency. The district court dismissed the suit, concluding that appellant lacked standing, that appellee is protected from suit by sovereign immunity, and that no cause of action lies to compel Congress to exercise its discretion to legislate on a purely political question.

Finding ourselves in agreement with the court below and concluding that this suit is frivolous, we affirm.

Affirmed.


Summaries of

Keener v. Congress of United States

United States Court of Appeals, Fifth Circuit
Aug 23, 1972
467 F.2d 952 (5th Cir. 1972)

holding that sovereign immunity applies to the legislative branch

Summary of this case from Ardalan v. McHugh

holding that suit for mandamus to compel Congress to legislate is frivolous

Summary of this case from Luevano v. U.S. Supreme Court

finding no standing in action for writ of mandamus compelling Congress to act

Summary of this case from Shao v. Roberts

affirming dismissal for lack of standing of the plaintiff's action to compel Congress to take legislative action

Summary of this case from Jones v. Salt River Pima-Maricopa Indian Community
Case details for

Keener v. Congress of United States

Case Details

Full title:B. NOWLIN KEENER, JR., PLAINTIFF-APPELLANT, v. THE CONGRESS OF THE UNITED…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 23, 1972

Citations

467 F.2d 952 (5th Cir. 1972)

Citing Cases

Jones v. Salt River Pima-Maricopa Indian Community

See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S. Ct. 2130, 2135 (1992) (requiring that a…

Cooper v. United States

Sovereign immunity also protects the United States Congress when it is sued as a branch of the United States…