Ashwander Wanderings: Is There a Roberts Court Standing Doctrine?

• In Event: Judicial Decision-Making and Public Policy: Insights from Recent Research

Abstract

Commentators have remarked that the Supreme Court has granted standing in some very surprising circumstances over the last few years. This paper explores standing decisions by SCOTUS and seeks to determine whether a coherent framework can be articulated. It challenges simple explanations based on partisanship and ideology, suggesting that subject matter also plays a role and that the Court is using standing as a means of further delineating its own authority.

Author

• Julie L. Novkov, University at Albany, SUNY