Judge calls for reforms on Article III standing

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 14, 2021 11:34 AM

This is part two of a three-part series. Part three will be available on Thursday.As part of his intense critique of the injury-in-fact requirement for standing under Article III of the U.S. Constitution, Circuit Judge Kevin C. Newsom’s specially concurring opinion in Sierra v. City of Hallandale Beach, No. 19 13694 (11th Cir., May 6), concluded “that our current Article III standing doctrine can’t be correct — as a matter of text, history, or logic.” Under the Supreme Court’s modern …

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