In recent years, the Supreme Court has overruled several precedents. However, the Court has largely left in place the seminal doctrine from the Warren Court. Rather, the Justices have clawed back at decisions from the Burger Court. Roe v. Wade was overruled, but Griswold v. Connecticut remains safe. Lemon v. Kurtzman is gone, but Engel v. Vitale abides. Rucho v. Common Cause overruled Davis v. Bandemer, but Baker v. Carr survives. Janus overruled Abood but did not disturb Railway Employees' Dept. v. Hanson. Franchise Tax Board of California v. Hyatt overruled Nevada v. Hall. Knick v. Township of Scott overruled Willimason County. Obergefell overruled Baker v. Nelson. Wait, scratch that last one. But you get the picture.
Another precedent from the Burger Court may soon be on the chopping block: Havens Realty v. Coleman (1982). This case found that an organization can assert an Article III injury based on a "drain of the organization's resources." For example, an organization that sends a "tester" to determine if there was a violation of the law could claim the money needed to send the tester was an injury in fact. This injury seems to be self-inflicted, as that term is understood today: anyone can generate standing-on-demand by spending money to investigate the alleged illegal activity.
I became intimately familiar with Havens Realty during the early days of the Emoluments Clause litigation. Eventually, the lead plaintiffs were owners of hotels and restaurants that competed with Trump properties. But initially, the lone plaintiff was CREW, a public interest organization. Unsurprisingly, CREW's only basis for standing was Havens Realty. Here is how I described the self-inflicted injury in January 2017:
