
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particularized, not speculative or hypothetical. The panel majority misapprehended Sommerville’s injury and incorrectly relied on state law in finding Sommerville’s claimed injury sufficiently concrete.
Status: On November 4, the Court denied the petition for en banc rehearing.
