Short Circuit 286 | Totally Noncontroversial Issues

We wade into a hotly contested subject this week: standing law under Article III of the U.S. Constitution. The cases by which we address that subject are about more mundane issues—abortion drugs and transgender transitioning in public schools—so we mostly ignore them. First, IJ’s Andrew Ward takes us to the rough-and-tumble Fifth Circuit where a group of doctors are challenging the FDA’s approval of a drug, resulting in a somewhat eyebrow-raising opinion (in more ways than one, but we focus on standing) where the bounds of a cognizable injury seem more expanded than normal. Then IJ’s Kirby Thomas West brings us to the Fourth Circuit where a group of parents challenge a school district’s gender transition policy. That leads to a result civil rights lawyers are more used to—a court excusing itself on standing grounds. What does this portent for the future of standing law? We have no idea, but we speculate about original meaning.

Click here for episode transcript

Alliance for Hippocratic Medicine v. FDA

John and Jane Parents v. Montgomery County Board of Education

Clapper v. Amnesty International

R.E.M. – Stand

Recent Episodes

September 26, 2023

Unpublished Opinions 2 | Justice Holmes Love Letters

It’s the second episode of Unpublished Opinions, a Short Circuit podcast. This time we’re once again joined by Institute for Justice attorney Anya Bidwell, but […]

Read More

September 15, 2023

Short Circuit 289 | Property Rights FTW

We celebrate, and dig into, two victories for property rights this week—both in IJ cases! First, IJ’s Wesley Hottot discusses the Sixth Circuit’s opinion in […]

Read More