CONSTITUTION ASSOCIATION, INC., by its founders; GEORGE F.X. ROMBACH v. Kamala D. Harris

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CONSTITUTION ASSOCIATION, INC., by
its founders; GEORGE F.X. ROMBACH,
Plaintiffs-Appellants,
and
B. GREEN; et al.,
Plaintiffs,
v.
KAMALA D. HARRIS,
Defendant-Appellee.
No. 21-56287
D.C. No. 3:20-cv-02379-TWR-
BLM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Todd W. Robinson, District Judge, Presiding
Submitted January 18, 2023**
Before: GRABER, PAEZ, and NGUYEN, Circuit Judges.
George F.X. Rombach and Constitution Association, Inc. appeal from the
* 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).
FILED
JAN 26 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-56287
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.

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