Supreme Court Docket Report - Decision Alert - March 3, 2008

Originally published March 3, 2009

Keywords: US Supreme Court, Summers v. Earth Island Institute, standing, Neguise, immigration, persecution bar

Today the Supreme Court issued a decision, described below, of interest to the business community.

Summers v. Earth Island Institute, No. 07-463 (previously discussed in the January 21, 2008 Docket Report).

The doctrine of standing arises from Article III of the U.S. Constitution, which limits the power of courts to the decision of "Cases" and "Controversies." The doctrine requires that a plaintiff allege actual or threatened injury that is concrete and particularized, such that action by a federal court will protect the plaintiff's interests. Today, in Summers v. Earth Island Institute, No. 07-463, the Supreme Court held that the standing doctrine prevents a plaintiff from challenging agency regulations in the absence of a live dispute over a concrete application of the regulations.