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Differences Between a Merits Challenge and a Standing Challenge


Wednesday, April 21, 2021
I’ve always been a purist.
Legal doctrine is black and white to me. No grey. It applies as intended, or it shouldn’t be applied at all.
Obviously not every Court (or lawyer) agrees with such inflexible application and some might say the rigidity of my thinking stifles my creativity although those people have never read this blog.
But the bottom line is I really don’t like it when folks misapply legal arguments. Example: raising a standing argument as a vehicle to test the merits of a claim.
Setting the stage, federal courts are courts of limited jurisdiction. This, we are told, comes from Article III of the U.S. Constitution that limits federal courts to determine actual “cases or controversies.” And Article III implies an “actual harm” requirement that is quite useful in defending TCPA cases (particularly in defeating certification.) ....

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