Article III standing is the most important doctrine defining what decisions can be made by courts and which
must be left to the political process
The basic idea is simple: Abstract questions affecting large numbers should be decided by democratically
accountable institutions; questions affecting particular individuals in special ways should be decided by courts
Article III standing requires:
1. A concrete, particularized, and imminent injury;
2. Caused by the defendant’s allegedly unlawful conduct;
3. Redressable by a favorable judgment
An imminent injury is one that is certainly impending or involves a “substantial risk” of
Clear in principle; many difficult questions of degree
Review Day 22
What type of injury must a plaintiff allege to establish Article III standing?
What is an imminent injury?
Aside from injury, what other two requirements must a plaintiff meet to establish Article III standing?
How does Article III standing relate to the question of institutional choice?
Day 23 First Amendment Brandenburg
Quiz Day 23
What is the main question of institutional choice in any individual rights case?