On June 25, 2021, the Supreme Court reaffirmed the importance of separation of powers. The Court held that uninjured class members cannot vindicate the public interest by suing for violating federal law absent an injury-in-fact. As WLF’s brief explained, the Ninth Circuit’s ruling contravened foundational separation-of-powers principles by improperly transferring the authority to enforce federal laws from the Executive Branch to the plaintiffs’ bar. The Supreme Court’s decision will ensure that, moving forward, the plaintiffs’ bar cannot bring suits to redress nonexistent injuries.
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