Procedural injury standing after Lujan v Defenders of Wildlife

Article Abstract:

Standing could be granted in procedural injury cases if the injury were characterized as an injury to opportunity involving increased risk of future harm, constituting an 'injury in fact.' Currently plaintiffs in such cases, which involve harm arising out of an agency's failure to follow procedure, have difficulty meeting the redressability requirement for standing. Dicta in Lujan v. Defenders of Wildlife suggested that the redressability requirement might not be applied in procedural injury cases, but the suggested approach is more consistent with current standing doctrine.

Cases, Administrative procedure, Case Note

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Expanding the zone, tilting the field: zone of interests and Article III standing analysis after Bennett v. Spear

Article Abstract:

The US Supreme Court's 1997 decision in Bennett v. Spear may be most important in its Article III analysis of the standing of plaintiffs who seek judicial review of regulatory agency procedural errors in mid-process. The lack of clarity in the decision in that regard should be read narrowly by courts which should instead give weight to congressional judgments. The court's discussion of the zone of interests test for making standing inquiries is of limited value and leaves the test essentially intact.

Analysis, Separation of powers, Judicial review of administrative acts

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Standing to challenge pro-minority gerrymanders

Article Abstract:

The argument that resident voters in racially gerrymandered legislative districts do not have standing to challenge pro-minority gerrymanders is a political and not a rational jurisprudential argument. No argument challenging standing has yet to hold up to analysis. The answer to the central issue of whether complainants suffer harm as a result of gerrymanders is yes. Whether the harm can or should be remedied is not relevant to the issue of standing.

Social aspects, Political aspects, Race discrimination, Apportionment (Election law)

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