Standing and Situational Constitutionalism
Linda Greenhouse has this column at The New York Times this week, aptly observing the significance of Chief Justice John Roberts’ solitary dissent in Uzuegbunam v. Preczewski—but also illustrating exactly the kind of situational constitutionalism he sought to avoid. The case was brought by a plaintiff who was prohibited by Georgia Gwinnett College, a public institution, from sharing his religious views outside, then even inside, a designated free speech area. Once challenged, the college changed the policy, rendering the dispute moot. But the plaintiffs sought a dollar of damages, raising the question of whether they retained standing to sue even after getting what they wanted. … Continue reading Standing and Situational Constitutionalism