I don't know how well the DOJ briefed the appeal to the 5th Circuit on this issue, but the brief to the supremes is crystal clear. Any wishy-washiness on standing from Scotus is going to cause them a WORLD of hurt in terms of caseload. Everyone and his brother and sister will be claiming standing based on speculative and not-urgent--not to mention specious-- "injuries" and the court , no matter how it words its approval here, along with will spend YEARS trying to distinguish all the fine points of the different cases.
Because the Supremes would be defining--or redefining--the Cases and Controversies clause of the Constitution, any sloppy ruling they make will also affect courts down to the local night court or small claims level. Or at the state level: can I sue whoever has gerrymandered a city near me because maybe I'll want to buy a house there? Can I sue the neighbors three doors down because their ugly fence encroaches on another neighbor's property line? Can I sue to make a distant neighbor take down a tree that interferes with my view because it might tip over and hurt another neighbor's fence and possibly make it easier for rats to reach my yard?
Apr 15, 2023
at
4:14 AM
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