top | item 40801746

(no title)

drewrv | 1 year ago

Standing is just an excuse to punt. Lack of standing did not stop them in 303 Creative v Elenis, nor did it stop them in Biden v Nebraska.

discuss

order

otterley|1 year ago

In 303 Creative, standing is discussed in Part I(B).

In Biden v. Nebraska, standing is exhaustively discussed in Part II.

drewrv|1 year ago

303 Creative was not prosecuted under Colorado's law. They were not even asked to create a wedding website for a gay couple: https://newrepublic.com/article/173987/mysterious-case-fake-...

In fact, there is no evidence they had ever built a wedding website: https://slate.com/news-and-politics/2023/06/real-story-behin...

So, we have someone who has never suffered a harm from the law, was under no risk of prosecution, and who had never even had the opportunity to violate the law. If this person has standing, then standing is meaningless.

The fact that there's a blurb about it in a decision is irrelevant, does the court have a consistent philosophy on standing, or are they just winging it? It seems really obvious they're winging it.