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Constitutional Structures

Recent Standing Decisions

The U.S. Supreme Court has issued recent decisions that raise questions about the ability consistently to apply standing doctrine.  For example, consider 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), where the Court agreed with the 10th  Circuit's standing determination despite the highly speculative nature of the claim.

Consider also the Court's delayed standing determination in Food and Drug Admin. v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024) (the Mifepristone case), as well as how the Court describes standing doctrine and what it might mean for future plaintiffs.