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Judges Standing Upside-Down
The New York Times ^ | SEPT. 3, 2015 | Linda Greenhouse

Posted on 09/03/2015 4:59:05 AM PDT by Elderberry

Something funny is happening on the way to the courthouse — and I don’t mean county clerks refusing to issue licenses for same-sex marriages. For decades, judicial conservatism has been defined at least in part as strict observance of the elements that make a case justiciable in federal court: a live controversy and a plaintiff with a concrete problem — as opposed to a general grievance — that can be fixed by a favorable ruling. I first learned about the doctrine of standing back when progressive law professors wrung their hands over how flagrantly justices like William H. Rehnquist were invoking standing

(Excerpt) Read more at nytimes.com ...


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: greenhouse; lindagreenhouse
Judges sure are quick to throw out lawsuits due to "Lack of Standing". What can be done? I just don't know.
1 posted on 09/03/2015 4:59:06 AM PDT by Elderberry
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To: Elderberry

Maybe I’m misreading the article, but it appears the author criticizes the past use of standing, when it was an impediment to Liberal’s use of the courts to legislate, but now that Leftist policies are in place, she wants to go back to the prior use of standing that the Left help throw out so it will block conservative attempts to roll back Leftism.


2 posted on 09/03/2015 5:11:55 AM PDT by chrisser (This space for rent.)
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To: Elderberry

Meanwhile, large fundraising operations masquerading as environmental advocacy groups routinely sidestep standing and are given regular access to the courts to represent uninjured parties on behalf of the environment. I bet Linda Greenhouse favors that special access.


3 posted on 09/03/2015 5:20:30 AM PDT by Sgt_Schultze (If a border fence isn't effective, why is there a border fence around the White House?)
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To: chrisser

Yes, I don’t think she appreciated Judge Hanen’s ruling that Texas had standing over the cost of driver’s licenses for illegals.


4 posted on 09/03/2015 5:23:27 AM PDT by Elderberry
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To: Sgt_Schultze

“Meanwhile, large fundraising operations masquerading as environmental advocacy groups routinely sidestep standing and are given regular access to the courts to represent uninjured parties on behalf of the environment.”

and government happily loses those cases on purpose or settles for massive amounts of money, thereby funding the left with taxpayers (Pigford)


5 posted on 09/03/2015 5:27:30 AM PDT by GeronL (Cruz is for real, 100%)
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To: Elderberry

The author complains about the NRA having standing in gun rights cases. Why do environmental groups have standing to sue the EPA, which they do regularly? Where is the direct harm there?


6 posted on 09/03/2015 5:36:53 AM PDT by quietly desperate
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To: Sgt_Schultze

You beat me to the punch.


7 posted on 09/03/2015 5:38:03 AM PDT by quietly desperate
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To: Elderberry

Is an Opinion of the Supreme Court the ‘Law of the Land’? Let’s ask Thomas Jefferson. . .
http://godfatherpolitics.com/24785/is-an-opinion-of-the-supreme-court-the-law-of-the-land-lets-ask-thomas-jefferson/#3GFZvyrSBe7vs0xG.99


8 posted on 09/03/2015 5:48:25 AM PDT by Dick Bachert (This entire "administration" has been a series of Reischstag Fires. We know how that turned out!)
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To: Elderberry

Linda Greenhouse is a notorious leftist.


9 posted on 09/03/2015 7:52:16 AM PDT by bkopto
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To: Elderberry

I love how our courts just abuse their power and screw the little people with no regard to anything.

Oh well - we have a black president.

I’m sure you racists wouldn’t understand. :)


10 posted on 09/03/2015 1:37:27 PM PDT by Tzimisce
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To: Tzimisce
Oh well - we have a black Mulatto president.

The Mulatto's mother was white, basic genetics.

Obama: Fake black (Mulatto) man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0? “Commander Zero.”

11 posted on 09/04/2015 1:04:19 AM PDT by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
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