Rarely has a single litigant done so much to bring an issue to the attention of the Supreme Court as Deborah Laufer did to raise the issue of when and whether a “tester” has standing to file lawsuits under the Americans with Disabilities Act — and today, in Acheson Hotels, LLC v. Laufer, (its first opinion of this term), the Court let Laufer slink away from the circuit split she created. The result was a whole lot of wasted effort and lingering uncertainty for the hotel industry and lower federal courts alike. Only Justice Clarence Thomas argued that the Court, having heard full briefing and argument on the standing issue, should settle it now instead of waiting for the inevitable sequel to do the whole thing over again from scratch.
Standing, Testers, and ‘Fake Cases’
Comments