Summary
finding that plaintiffs challenging Vice President Harris's candidacy failed to "adequately allege Article III standing"
Summary of this case from A.W. Clark v. WeberOpinion
21-56287
01-26-2023
CONSTITUTION ASSOCIATION, INC., by its founders; GEORGE F.X. ROMBACH, Plaintiffs-Appellants, v. KAMALA D. HARRIS, Defendant-Appellee. and B. GREEN; et al., Plaintiffs,
NOT FOR PUBLICATION
Submitted January 18, 2023
Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding D.C. No. 3:20-cv-02379-TWR-BLM
Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.
MEMORANDUM [*]
George F.X. Rombach and Constitution Association, Inc. appeal from the district court's judgment dismissing their action challenging Kamala Harris's eligibility to serve as Vice President. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction. Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1086 (9th Cir. 2014). We affirm.
The district court properly dismissed plaintiffs' action because plaintiffs lacked standing. See Drake v. Obama, 664 F.3d 774, 782 (9th Cir. 2011) (dismissing a voter's claim that President Obama was ineligible for the office because the plaintiff asserted nothing "more than a generalized interest of all citizens in constitutional governance" (citation and internal quotation marks omitted)); see also Am. Diabetes Ass'n v. United States Dep't of the Army, 938 F.3d 1147, 1154-55 (9th Cir. 2019) (setting forth the requirements to establish organizational standing).
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).