The United States had "standing" in this litigation (and therefore, was allowed to argue in the case) on the grounds that it has a "strong interest in the eradication of discrimination on the basis of sexual orientation", as its brief states.
California's Supreme Court has arguably allowed for unnecessary litigation by its expansive view granting non-litigants standing to appear in cases such as this as intervenors.
But one of Bank of America's defenses is that A.I.G. lacks standing, having given its litigation rights to Maiden Lane II.
Accordingly, the courts may adopt a more discriminating standing test to discourage litigation that will unnecessarily curtail the executive's ability to carry out good governance.
"We're setting these rules in a context of litigation, with Congress standing ready to make changes if it didn't like what we did," said Mr. Donovan, the current housing secretary.
It was a small step forward for Google's plan to digitize every book and make them readable and searchable online, known as the Google Library Project, but it did not resolve the much bigger issue standing in Google's way — litigation between Google and authors.
Many commentators doubt that this litigation will succeed because of "standing" (a right to sue) but the question is open.
And such concern for opening these litigation floodgates on the basis of standing actually tends to square with Chief Justice Roberts' conservative majority on the issue, not with a progressive or liberal faction.
A dismissal on standing grounds could lead to some messy follow-on litigation in California but will probably effectively allow same-sex marriages there.
The largest investors, who have standing to pursue potentially crippling claims, are generally choosing to avoid litigation, he said.
Making assumptions about the contours of future litigation involves mere speculation, and doing so flies straight in the face of long standing principles of Rule 12 law by extending the inquiry to what might be divulged in future litigation.
