For a federal court to consider an issue, there must be a case or controversy, and the parties before the court must have standing, i.e., a stake in the outcome of the decision. While standing is important in our system of justice, the courts are not the only avenue for relief (the ballot box, theoretically, being another). This panel will explore the history, development and current status of standing doctrine in regulatory litigation, with particular focus on the extent to which standing and related justiciability requirements have come to serve as a shield against meaningful judicial review of agency actions.
The Federalist Society's Administrative Law & Regulation Practice Group presented this panel on "Without Standing, Are We All Sitting Ducks?" on Saturday, November 15, during the 2014 National Lawyers Convention.
- Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
- Prof. Amanda Cohen Leiter, Associate Professor of Law, American University Washington College of Law
- Mr. Robert N. Weiner, Partner, Arnold & Porter LLP
- Mr. Patrick Wyrick, Solicitor General, State of Oklahoma
- Moderator: Hon. A Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit
- Introduction: Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; and Chairman, Administrative Law & Regulation Practice Group