Lujan, where have you been?

Its been about 15 months since I first thought about whether trees have standing and Lujan v Nat'l Wildlife. Injury in fact, causation, and redressability. Memories, like the corners of my mind . . .

I never noticed that Justice Blackmun attempted to Scalia-smack the Scalia-penned majority in his dissent. You know, the technique Scalia often employs wherein he uses hypotheticals to take the majority's argument to its most entertaining 'logical conclusion.'

Blackmun tried it -- he discussed whether a "plaintiff alleging loss of consortium should make sure to furnish the Court with a 'description of concrete plans' for her nightly schedule of attempted activities."

(This made me laugh out loud, which tells me I need either some sleep ...or some consortium.)