Blog of the International Journal of Constitutional Law

Tag: Standing

  • Hellerstedt and Standing: A Comparative View

    —Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1]  many legal analysts have missed an important aspect of the case; the question of standing, which became one of the central arguments in Justice Thomas’s dissent. 

  • Clapper v. Amnesty International: Still Trying for a Day in Court

    —Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs.  Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing have no real way of bolstering their case because of lack of discoverable materials.