The U.S. may not use “an unusual mechanism to obtain an extraordinary remedy to avoid an ordinary appeal.”

This is the conclusion of the U.S. Court of Appeals for the Sixth Circuit in an interesting case, United States v. Carroll, in which the United States sought to invoke its sovereign immunity in a suit in which it is the plaintiff.  To make matters more interesting, the U.S. was suing the bankruptcy trustees of the Eastern District of Michigan in their official capacities.  And were that not enough, the Sixth Circuit dismisses the case because the federal government lacks Article III standing to bring its claims against these parties.  I think I spy a Federal Courts exam question in here somewhere.

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