Document Type

Working Paper

Publication Date

4-26-2014

SSRN Discipline

Legal Scholarship Network; Social Insurance Research Network; Law School Research Papers - Legal Studies; Administrative Law eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Political Science Network

Abstract

The Article III standing doctrine "” with its three requirements of injury in fact causation and redressability "” is often criticized as a restriction that prevents liberal but not conservative plaintiffs from proceeding in the federal courts As I have recently shown however 87 IND LJ 551 2012 standing doctrine has increasingly been an issue in many cases involving conservative litigants in challenges to the landmark federal healthcare law and to conservative appellants defending the federal Defense of Marriage Act and California's constitutional ban on marriage between samesex couples We now have Supreme Court decisions in those cases and the standing analyses "” or lack thereof in the healthcare case "” create problems for standing doctrine more generally

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