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Intervening in the case (or controversy): Article III standing, Rule 24 intervention, and the conflict in the federal courts

I. INTRODUCTION

Article III of the United States Constitution limits federal court jurisdiction to deciding "cases" and "controversies."1 Federal courts ensure compliance with Article III in part by requiring the plaintiff bringing the lawsuit to possess standing.2 Some federal courts of appeal hold that when an individual or entity seeks to intervene in an existing case under Rule 24 of the Federal Rules of Civil Procedure, the potential intervenor must also possess Article III standing. Other federal courts of appeal hold that potential intervenors need not have standing because the party that initiated the lawsuit already satisfied Article III.

While the courts and the legal ...

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