The State Of Article III Standing 3 Years After Spokeo

Law360 (June 13, 2019, 4:09 PM EDT) -- Three years ago on May 16, 2016, the U.S. Supreme Court issued its landmark Spokeo v. Robins decision, which held that the standing requirements under Article III of the U.S. Constitution require a plaintiff to establish a “concrete injury even in the context of a statutory violation.”[1] After Spokeo, as one court put it, “there is no such thing as an ‘anything-hurts-so-long-as-Congress-says-it-hurts theory of Article III injury.’”[2]

In this article, we first examine how courts have applied Spokeo to violations of statutory provisions designed to protect substantive and procedural rights. Next, we detail an open question after Spokeo: what role congressional...

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