Saturday, June 30, 2012

Supreme Court punts on standing

This SCOTUSblog post from Kevin Russell explains what was at stake, and why the Justices may ultimately have declined the invitation to impose new Article III limits on statutorily created standing--an issue of great importance for consumer protection law more generally.  I'm generally in agreement with Russell on how the Justices might have blinked when they considered the difficulties any such judicial policing would have caused, but it remains to be seen whether the Court--or a Court with new members--will try again, given that many defendants continue to press the argument despite a paucity of precedent in their favor.

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