Emory Law Journal


Micah J. Revell


Threshold limitations on the availability of judicial review are ubiquitous in the modern federal court system. While many are fact-specific and malleable, the most foundational one, jurisdiction, is not. The D.C. Circuit recently held that prudential standing, specifically the zone of interests test, is a jurisdictional limitation on the court's power to decide a case. This holding directly contradicts several other circuits, which have held that prudential standing is not jurisdictional and may be waived when the parties fail to raise it. Twenty years ago, this decision likely would not have garnered much attention because jurisdictional dismissals were common for a wide swath of reasons. However, the Supreme Court has recently honed its concept of jurisdiction and has cautioned courts to use the label sparingly.