Prof. Richard Re (Virginia) on “Does the Discourse on 303 Creative Portend a Standing Realignment?”

I noticed this new article by Prof. Richard Re, a number one scholar of federal courts regulation and my former UCLA colleague, and requested him if he would guest-blog about it; I am delighted to say that he kindly agreed. Here is the summary:

Maybe essentially the most shocking characteristic of the final Supreme Court docket time period was the extraordinary public discourse on 303 Artistic LLC v. Elenis. Based on many commentators, the Court docket determined what was actually a “faux” or “made up” case introduced by somebody who asserted standing merely as a result of “she worries.”

As a doctrinal matter, these criticisms are unfounded. However what makes this episode attention-grabbing is that the criticisms got here from the authorized left, which has lengthy been related to expansive ideas of standing.

Doubts about standing in 303 Artistic could subsequently portend a broader standing realignment, during which liberal justices change into jurisdictionally hawkish. Prior to now, justices who discovered themselves out of energy have typically tried to tighten justiciability ideas. So, now that the Court docket has shifted decidedly rightward, it makes some sense for there to be an ideological reversal on federal court docket jurisdiction.