The strictures of standing under Article III serve as one of many gatekeepers to the federal forum. Earlier this month, the U.S. Court of Appeals for the Second Circuit in Laroe Estates v. Town of Chester considered the question of whether to permit intervenors to participate in lawsuits without requiring that they independently possess standing. The court adopted a more expansive construction of the federal judicial power and narrower construction of the case or controversy requirement.
In the decision, written by Judge Raymond Lohier and joined by Judge Guido Calabresi and Judge Gerard E. Lynch, the panel ruled that an intervenor need not independently satisfy Article III’s standing requirement when the parties to the underlying litigation have themselves satisfied the Article III standing requirement.
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