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When the plaintiffs whose standing is questionable are going to lose on the merits, the pragmatic argument for pretermitting standing has more appeal, though even here the gains are often illusory.
(225) On the one hand, if the merits of the claims and issues resolved in the first case are open to reexamination in a later suit, or if uncertainty over the judgment's preclusive effects merely breeds later litigation, then we have undermined the efficiency rationale for pretermitting standing in the first place.
Miller 1994, *12-36) - from pretermitting genuine judicial review.
pretermitting, at least at this time, any discussion of the manner
Current actors will not take into account these benefits of delaying the formation of precedents, and of pretermitting conflict over ephemeral issues.