Season 3, Episode 18 (Show 122): Standing Rules

April 26, 2023

The Mifepristone case reached the Supreme Court – sort of.  It will be back, and many say that the issue of standing will prove decisive.  So, what about standing?  Surprise – Akhil has a theory. 

The Supreme Court issued a stay in the Mifepristone case, so everyone goes back to their corner – for now, anyway.  They’ll be back.  And when they are, the issue of standing may well be front and center.  We grab this opportunity to give you a primer on standing, starting with the Constitution, tracking the Court’s recent strange path on this issue – and then we hear the Amar approach.   Our listeners should be in a position to see the Mifepristone case clearly, as well as have a firm basis to keep from falling down on standing.

Show Notes:

Misunderstanding Standing - Supreme Court Review

The late David Currie writes in the 1982 Supreme Court Review on standing in this brief but definitive article.

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Whats Standing After Lujan? - Michigan Law Review

The great Cass Sunstein writes on “Whats Standing After Lujan? Of Citizen Suits, Injuries, and Article III,” in the Michigan Law Review, 91:163 (1992), in one of the definitive articles on standing, blasting Justice Scalia’s Article II argument.

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Of Sovereignty and Federalism - Yale Law Journal

One of the all-time most cited law review articles, Professor Amar’s first article as a law professor, “On Sovereignty and Federalism” gets mentioned again – in this podcast.

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