The Supreme Court Holds That A Statutory Violation, Without Actual, Concrete Harm, Is Insufficient To Give Rise To Article III Standing
November 10, 2021
To establish standing under Article III of the Constitution of the United States, a plaintiff must demonstrate an injury-in-fact. The Supreme Court of the United States previously explained in the seminal opinion of Lujan v. Defenders of Wildlife, that a plaintiff must have suffered an injury-in-fact that is both “concrete and particularized” and “actual or imminent” — i.e., abstract or speculative harm will not suffice. 504 U.S. 555, 560 (1992). The Court in Lujan and its later opinions did not address, however, whether a violation of a federal statute, standing alone, could satisfy Article III’s injury-in-fact requirement.
