Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

elleng

(141,926 posts)
4. The key question in this case
Wed Dec 24, 2014, 12:38 AM
Dec 2014

however, concerns the appropriate forum for where this
national conversation should occur. The doctrine of standing, in both its constitutional and
prudential formulations, concerns itself with “‘the proper—and properly limited—role of the
courts in a democratic society.’”

Standing “ensures that [courts] act as judges, and do not
engage in policymaking properly left to elected representatives.”

The refusal to adjudicate a claim should not be confused with abdicating the
responsibility of judicial review. “Proper regard for the complex nature of our constitutional
structure requires neither that the Judicial Branch shrink from a confrontation with the other two
coequal branches of the Federal Government, nor that it hospitably accept for adjudication
claims of constitutional violation by other branches of government where the claimant has not
suffered cognizable injury.”

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»Latest Breaking News»Judge Rejects Ariz. Sheri...»Reply #4