Case Citator › Bennett v. Spear

Bennett v. Spear

Is it still good law? What later courts have actually done to this case.

Questioned by some courts
Court
Supreme Court of the United States
Citation
520 U.S. 154
Decided
Confirmed treatments
1
Flagged citations read
148 of 148
Citing cases (total)
3,788
Treatment dates
2006
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. Bennett v. Spear has one confirmed questioning listed below. All 148 flagged citations have been read.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,788 later cases cite Bennett v. Spear; 148 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Bennett v. Spear?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Questioned

  • The Second Circuit questioned whether Bennett's apparent approval of deciding statutory standing before Article III standing survived Steel Co.

    Alliance for Environmental Renewal, Inc. v. Pyramid Crossgates Company · Second Circuit · filed

    Although the sequence of issues considered in Bennett appears to illustrate Justice Stevens's contention in Steel Co. that statutory standing issues may be resolved before Article III standing issues, the proposition might be more limited than first appears. ... The rejection of so-called hypothetical jurisdiction the very next year in Steel Co. would seem to disapprove of, or at least seriously question, such an approach. ... How Steel Co. is to be reconciled with Bennett remains in doubt.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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