Constitutional Law-Court of International Trade Holds Article III Standing Not Required to Intervene in Existing Litigation-Canadian Wheat Board v. United States, 637 F.Supp. 2d 1329 (Ct. Int’l Trade 2009)

Article III of the United States Constitution (Article III) explicitly limits the jurisdiction of the federal courts to deciding only “cases” and “controversies.”  Although the United States Supreme Court has interpreted Article III as implicitly requiring prospective parties to establish a basis for standing, it has provided no clear guidance as to what standing is constitutionally required of nonparties seeking to intervene in an existing litigation.  In Canadian Wheat Board v. United States, the Court of International Trade considered whether a party seeking to intervene in an existing lawsuit must independently satisfy the standing requirements of Article III.  The Court of International Trade held that where a valid case or controversy exists between the remaining parties, an intervenor need not provide an independent basis for standing under Article III. . .