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In reply to the discussion: The Judiciary HAS held [View all]Gothmog
(177,833 posts)39. Tomorrow may be interesting
From Prof. Hasen's election law blog. https://electionlawblog.org/?p=119508
The Supreme Court today in Carney v. Adams turned back a suit for lack of standing. The Court quoted from an earlier opinion by Justice Powell, in words that might be thought to have some bearing on the case Texas wants the Court to hear:
In other words, a plaintiff cannot establish standing by asserting an abstract general interest common to all members of the public, id., at 440, no matter how sincere or deeply committed a plaintiff is to vindicating that general interest on behalf of the public, Hollingsworth, supra, at 706707. Justice Powell explained the reasons for this limitation. He found it inescapable that to find standing based upon that kind of interest would significantly alter the allocation of power at the national level, with a shift away from a democratic form of government. United States v. Richardson, 418 U. S. 166, 188 (1974) (concurring opinion). He added that [w]e should be ever mindful of the contradictions that would arise if a democracy were to permit general oversight of the elected branches of government by a non-representative, and in large measure insulated, judicial branch. Ibid.; see also Schlesinger v. Reservists Comm. to Stop the War, 418 U. S. 208, 222 (1974); Warth v. Seldin, 422 U. S. 490, 500 (1975).
Today's ruling may play a case in the SCOTUS review of the Texas lawsuit
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