E.D.Tenn.: Def who came to motel room to “turn up, smoke, and chill” and to examine a firearm he was considering buying didn’t have standing

“Penn stated that his purpose in coming to the room was to ‘turn up, smoke, and chill’ and to examine a firearm he was considering purchasing.” He said he napped there. He had no reasonable expectation of privacy in the room and thus no standing. United States v. Penn, 2019 U.S. Dist. LEXIS 180326 (E.D. Tenn. Oct. 18, 2019).*

This is a mandamus action seeking to abort the seeking of an injunction against an abortion law. “This is an extraordinary case. An abortion clinic and two of its doctors seek a federal injunction against virtually all of Louisiana’s legal framework for regulating abortion. As part of this effort, Plaintiffs challenge legal provisions that do not injure them now and could not ever injure them. The district court, however, concluded it would be “untenable” to make Plaintiffs establish their standing because doing so would make it more difficult for them to succeed on the merits. That was obvious error. Still, we exercise our discretion not to grant Defendants’ mandamus petition at this time because we are confident it is unnecessary.” One of the claims still going forward is whether the state’s administrative inspection process violates the Fourth Amendment. In re Gee, 2019 U.S. App. LEXIS 31071 (5th Cir. Oct. 18, 2019).*

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