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Reason
Reason
Politics
Josh Blackman

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

In Murthy v. Missouri, Justice Barrett wrote, "We begin—and end—with standing." And she meant it! Her majority opinion stretches nearly 30 pages, and it focuses entirely on standing. I don't think I've ever read anything quite like it. Not a single plaintiff has standing against a single defendant. Justice Barrett takes a sledgehammer to every single conceivable standing argument, and explains why it won't work. It reminded me of the scene from the Matrix Reloaded where Neo single-handedly destroys every single Agent Smith. Just when you think there are more arguments from the 26,000 page record, Barrett demolishes them. And at the end, she just flies away without touching the merits. Justice Barrett was on a mission! Though, I think the analogy fails, because the dissenters took the red pill.

Here is the test Barrett puts forward:

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