Proposed Citizens Right to Standing Act-Finding the Keys To Unlock the Courthouse Doors
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends an approach to remedial legislation. After comparing recent proposals for standing legislation, this comment concludes that positive and comprehensive legislation is needed for citizens and taxpayers to adequately challenge unlawful government action in federal courts.
Harold W. Wood, Jr., Proposed Citizens Right to Standing Act-Finding the Keys To Unlock the Courthouse Doors, 3 SEATTLE U. L. REV. 231 (1979).
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