When it comes to legislating, who better to turn to than Congress? As a legislative body, Congress is designed to react to the world around it, identify areas where legislation is needed, and legislate accordingly. That’s what Congress did in passing the FCRA.

But by arguing that the harms Congress identified to justify passing the FCRA aren’t enough to be a real injury, Spokeo invites the Supreme Court to substitute its own views to overrule the considered views of Congress.  This would turn the standing doctrine on its head—a doctrine that even Justice Alito agrees “serves to prevent the judicial process from being used to usurp the powers of the political branches.”[1] Thus, in this clip, Justice Kagan asks Pincus, who are we to judge a Congress that has done its homework?

[1] Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1146 (2013).