The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

An Era of Broad Remedies Makes Standing Even More Important

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"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. In an era of frequent litigation, class actions, sweeping injunctions with prospective effect, and continuing jurisdiction to enforce judicial remedies, courts must be more careful to insist on the formal rules of standing, not less so."

Arizona Christian Sch. Tuition Org. v. Winn, 563 U.S. 125, 145–46 (2011).