Will the Supreme Court Shed New Light on “Standing”?

The U.S. Supreme Court took up three sets of cases after its Friday conference. None of them are criminal or related cases. Amy Howe has a report on them. One of them may shed new light on the recurring and difficult problem of “standing,” i.e., who can appear in court to challenge or defend a law. This is a long-standing (no pun intended) problem in victims’ rights. When can victims of crime step up when government officials should but do not?

Two joined cases involve the recurring problems of the Affordable Care Act, the duty of employers to cover contraception, and the religious objections of some employers. Yes, the Little Sisters of the Poor are back in the Supreme Court. The high court took their case along with the Administration’s and consolidated them. Why take both? Surely the Administration’s petition is sufficient to resolve the merits. Lower courts had kicked the Little Sisters out, saying they did not have standing. Perhaps the high court wants to address that issue. I hope so.

For the record, CJLF takes no position on the underlying issues in the case.