Anthony Michael Sabino The Supreme Court and Standing, Part I: 'California v. Texas'
Recent decisions from the Supreme Court have had significant ramifications for the continued evolution of the doctrine of standing. In this first installment of a two-part article, the author begins with a necessary revisiting of 'Spokeo', the lineal parent of these latest decisions, followed by an analysis of 'California v. Texas', and its somewhat unique features.
August 19, 2021 at 11:45 AM
8 minute read
Since the Founding, the doctrine of standing has assured that the federal courts "decide only the rights of individuals," Marbury v. Madison, 5 U.S. (1 Cranch) 137, 170 (1803), avoid hypotheticals, and refrain from issuing advisory opinions. A formidable guardian of separation of powers, standing confines the Article III branch to exercising the judicial power alone, while concomitantly prohibiting any incursions into the realms of the Legislative and Executive Branches.
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