Nor did he explain how much potential adverseness was enough or indicate that the actual appearance of the United States was necessary to bring the matter within the judicial power.
263) It was also the message in Hohn, which treated ex parte petitions for certificates of appealability as "judicial in nature," (264) notwithstanding the dissent's complaint that these proceedings lacked the qualities of adverseness associated with cases.
In any case, such an approach would invite line-drawing problems as the courts considered how much potential adverseness was required in any particular case.
808 (2004) (arguing that injury is not related to standing's goal of concrete adverseness, especially in the context of public law litigation).
172) This focus on discretion and the furtherance of concrete adverseness is championed by Tobias' case-specific approach that focuses primarily on "whether an applicant promises to help resolve issues that warrant consideration before the court makes a decision on the merits of the dispute.
Warth's shift of the standing inquiry focus from adverseness to concrete injury coupled with Simon's discussion of the significance of causation and redressability provided the Court with the foundational components of its standing analysis.
The Baker and Flast standard of ensuring adverseness of the parties no longer directed the standing inquiry; instead, preserving separation of powers controlled.
Because Hein is nearly a mirror image of Flast, and because it marks the culmination of the Court's incremental reshaping of the standing doctrine from a low-threshold inquiry of adverseness to a powerful separation of powers tool, it will dominate my discussion of the Roberts Court in this final section.
As mentioned, one of the justifications for standing doctrine is to ensure that parties have a strong enough stake in a case "to assure that concrete adverseness
which sharpens the presentation of issues.