12 December 2020

Lack Of Standing

I propose a change in doctrine, if not a Constitutional amendment, where if a case is rejected or dismissed for a lack of standing; the court MUST identify precisely who DOES.

Refusing a case on a lack of standing makes an implication that the case would have merit, if only the plaintiff had standing to bring the case before them.

I am thinking that if they had to tell us whom actually did have standing, they'd be taking more cases because they'd be seeing those plaintiffs coming forward immediately after such a rejection.

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