Contributors

  • Andrew Ramonas
    Lobbying Reporter
  • Beth Frerking
    Editor in Chief
  • David Brown
    Vice President/Editor, ALM
  • Diego Radzinschi
    Photo Editor
  • Jenna Greene
    Senior Reporter
  • Marcia Coyle
    Chief Washington Correspondent
  • Mike Scarcella
    Washington Bureau Chief
  • Todd Ruger
    Capitol Hill Reporter
  • Tony Mauro
    Supreme Court Correspondent
  • Zoe Tillman
    D.C. Courts Reporter

« Judge Awards $40.5 Million in 30-Year Iranian Dairy Dispute | Main | Lanny Breuer Returns to Covington & Burling in New Leadership Role »

March 27, 2013

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451d94869e2017d4255bf11970c

Listed below are links to weblogs that reference Lawyers Reflect on 'Super Bowl of Supreme Court Arguments':

Comments

Avon

I'm in favor of finding standing in both cases, for just the reason Boehner's spokesman gave. Somebody's got to speak for the law, so long as the law is on the books, or America can't know what the law is. It's not only the province but also the duty of the Supreme Court to decide what the law is.

Yes, I realize that dismissing the Prop8 appeal reinstates gay marriage in California, and dismissing the Windsor appeal upholds equality in the 2nd Circuit, while in each case affirming standing risks a ruling on the merits that I won't like (and that may deeply harm America). But what about the law in the rest of the nation? What about amended/superseding statutes? What about the inevitable Circuit splits? The cases cry out for decision.

Yes, I realize that the Prop8 argument hit on a valid point when it was noted that there's no "fiduciary" duty of the appellants to the State that passed the law, but standing should hinge also on what's at stake and how faithfully the litigant will pursue the cause.

The doctrine of standing should not be a formula or a straitjacket. It should be applied so as to maximize its goal, to fulfill its purpose.

The comments to this entry are closed.

Blog powered by Typepad

Advertisements