Scalia's legacy: Originalism and change in the law of standing

James E. Pfander*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    3 Scopus citations

    Abstract

    Perhaps no single Justice fashioned as many changes to the law of standing as that most gifted originalist, Antonin Scalia. It was Justice Scalia who first deployed twentieth century standing rules to invalidate a citizen suit provision; who promoted the prudential rule against the adjudication of generalized grievances to constitutional status; who pressed to constitutionalize the adverse-party rule; who reconfigured informer litigation to preserve the injury-in-fact requirement; and who recently re-packaged the Court's old prudential standing doctrine as a merits-based inquiry into the plaintiff's statutory right to sue. That he has done so much to re-work modern litigation in the name of fidelity to the workways of eighteenth century lawyers "in the English courts at Westminster" testifies to his considerable rhetorical skills. In this essay, I evaluate Justice Scalia's contributions to this important body of jurisdictional law and then step back to consider his legacy.

    Original languageEnglish (US)
    Pages (from-to)85-107
    Number of pages23
    JournalBritish Journal of American Legal Studies
    Volume6
    Issue number1
    DOIs
    StatePublished - May 2017

    ASJC Scopus subject areas

    • Law

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