Smith v. United States

OPINION AND ORDER

BLOCK, Judge.

This is a Winstar-related case. The issue addressed in this decision is that of standing to sue. Far more than a “mere technicality,” the doctrine of standing goes to the heart of the constitutional separation of powers because it defines the contours of the judicial power. It “serves to identify those disputes which are appropriately resolved through the judicial process.” Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 1722, 109 L.Ed.2d 135 (1990). It is through such mechanisms as standing that federal judicial power is limited, at times helping…