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Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman
Michigan Law Review
After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
Michigan Law Review
In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges …