The Yale Law Journal

Isaiah W. Ogren

Note

The New Standing Doctrine, Judicial Federalism, and the Problem of Forumless Claims

Adam Flaherty & Isaiah W. Ogren

The Supreme Court’s new standing cases have further narrowed the class of claims justiciable in federal court. Some state courts have followed suit, leaving valid federal claims without any viable forum. We argue that the Supremacy Clause requires state courts to vindicate federal rights by hearing …