Thursday, December 17, 2020

Eric Segall: Standing Outside the Law: Of Incoherence and How Legal Sausages are Made - Dorf on Law

"Standing", "judicially cognizable interests","political question", "constitutional avoidance", "original public meaning" are among the labels judges use to say Yes or No, to obstruct, or to aid.  Georgia Law Professor Eric Segall has a particularly strong bead on the incoherence of the concept of standing.  Iconically ascribed to the phrase "cases and controversies" in the federal constitution it is in reality one of the masks judges wear as they pick their spots.
Most recently the Supreme Court used the sanitized phrase "no judicially cognizable interest" to strike down Texas's plainly partisan lawsuit to disenfranchise millions of voters in Pennsylvania and other swing states so as to keep Donald Trump in the White House.  Instead the court spurned candor and turned to standing. - gwc
Dorf on Law: Standing Outside the Law: Of Incoherence and How Legal Sausages are Made

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