The Supreme Court on Standing

GET THE FACTS BEHIND THE NEWS Chief Justice Roberts in an article written in 1993 wrote, ”A relaxed doctrine of ‘standing’. would transform the courts into an ombudsmen of the administrative bureaucracy, a role for which they are ill-suite both institutionally and as matter of democratic theory.” In another.” article written in 1993 Justice Roberts wrote, “The one thing(Congress) may not due is ask the courts in effect to exercise (legislative) oversight responsibility at the behest of any John Q. Public whom happens to be interested in the issue.”

Justice Scalia has gone one step further. Writing about the Lujan vs. Wildlife Defenders, he wrote, “If Congress could authorize mere citizens to ensure that federal agencies followed the law it would interfere with the president’s constitutional duty to ‘take care that the laws be faithfully executed”. Diogenes’ personal opinion, nonsense This is what he Supreme Court is supposed to do.

“But the biggest change under Chief Justice John Roberts might not involve who wins on the merits, but rather, it maybe who gets through the courthouse door in the first place. In case after case the court shifted toward what Chief Justice Roberts has previously referred to as ‘judicial restraint’. As it addressed issues large and small, in civil liberties and criminal justice alike, the conservative bloc repeatedly found that the question didn’t belong before a judge at all.

One of the major thoughts behind judicial restraint is the “conservative’s antipathy to what they label as judicial activism—courts making decisions they believe are best left to an elected executive, a legislature or the rough and tumble of the free market”. The court’s conservatives have used judicial arguments such as finding the plaintiff had no right to sue, or the courts lack jurisdiction to hear the claim. When interpreting statutes the conservatives have strictly interpreted deadlines and procedural requirements to keep claims out of court. When the Court reviews the actions of lower courts the Supreme Court has taken a narrow view of a trial judge’s discretion.

When a suit is dismissed preventing the court from deciding the merits of the case, it is without “standing”. Chief Justice Roberts wrote, “Standing is thus properly regarded as a doctrine of judicial self-restraint”. More om standing.

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