OPINION: Spokeo’s Federalism Problem

Law360, New York (August 8, 2016, 11:26 AM EDT) -- In its recent decision in Spokeo, Inc. v. Robins, the U.S. Supreme Court reiterated that federal courts must defer to Congress’s intentions when determining whether a private citizen has constitutional standing to bring a lawsuit in federal court over a violation of statutory rights.[1] But what about state statutes — do federal courts owe state legislatures the same level of deference?

The question is especially relevant when litigants seek compensation in federal court under state laws that protect individuals’ rights in ways that federal laws do not. The number of federal lawsuits in this category has ballooned in the past decade...

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