Anthony Kennedy

“ An independent judiciary is held to account through its open proceedings and its reasoned judgments. In this process, it is essential for the public to know what persons or groups are invoking the judicial power, the reasons that they have brought suit, and whether their claims are vindicated or denied. The concrete injury requirement helps assure that there can be an answer to these questions; and, as the Court's opinion is careful to show, that is part of the constitutional design. ”

“ Modern litigation has progressed far from the paradigm of Marbury suing Madison to get his commission, Marbury v. Madison, 1 Cranch 137 (1803) , or Ogden seeking an injunction to halt Gibbons' steamboat operations. ”