Let the Right Ones in: The Supreme Court's Changing Approach to Justiciability

Authors

Richard L. Heppner Jr.

Abstract

In last term's blockbuster case Dobbs v. Jackson Women's Health Organization, one of the considerations Justice Alito cited for overturning Roe and Casey was that they "have led to the distortion of many important but unrelated legal doctrines."¹ Alito asserted that abortion jurisprudence has, among other things, "ignored the Court's third-party standing doctrine."² Whether that is a fair description of the case law is debatable. But it raises the question of whether the newly ascendant conservative majority might likewise distort standing doctrine, and other justiciability doctrines, in order to decide particular, controversial issues.

First Page

79

Recommended Citation

Richard L. Heppner Jr., Let the Right Ones in: The Supreme Court's Changing Approach to Justiciability, 61 Duq. L. Rev. 79 (2023).
Available at: https://dsc.duq.edu/dlr/vol61/iss1/7