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In US law to establish standing, you have to demonstrate injury-in-fact, causation, and redressability based on the Article III limit requiring courts to addres
by AftHurrahWinch 2y ago
In US law to establish standing, you have to demonstrate injury-in-fact, causation, and redressability based on the Article III limit requiring courts to address "cases" and "controversies."
This makes us great at redressing harm, and terrible at preventing harm. A lot of modern technology is such an effective force multiplier that the process of establishing standing and having a hearing before a preliminary injunction can be catastrophic, far beyond what was possible when the Constitution was drafted.
Under Chevron, judges deferred to reasonable regulatory interpretations. Now it's a slower, more adversarial process.
I hope you're right and the answer is to just grow the government and judiciary.