REGENT UNIVERSITY LAW REVIEW Volume 20 2007–2008 Number 2 GOD, GAIA, THE TAXPAYER, AND THE LORAX: STANDING, JUSTICIABILITY, AND SEPARATION OF POWERS AFTER MASSACHUSETTS AND HEIN Jonathan H. Adler  INTRODUCTION The Supreme Court’s October 2006 term marked the onset of a conservative legal revolution, according to many press accounts and commentaries. 1 The addition of Chief Justice John Roberts and Associate Justice Samuel Alito created “the Supreme Court that conservatives had long yearned for and that liberals feared,” according to Linda Greenhouse of the New York Times. 2 Professor Erwin Chemerinsky declared the October 2006 term to be “the most overwhelmingly conservative term since the 1930s.” 3 By such accounts, a five-Justice majority consistently moved the Court’s jurisprudence in a rightward direction in a string of ideologically charged cases, from abortion restrictions and race-based school assignments to campaign-finance regulations and litigant access to federal courts. 4  Professor and Director, Center for Business Law & Regulation, Case Western Reserve University School of Law. This Article is based upon remarks delivered on November 30, 2007 at the Regent University Law Review symposium, “Justiciability After Hein and Massachusetts: Where Is the Court Standing?” I would like to thank Erik Jensen, Melvyn Durchslag, John Eastman, and David Wagner for their comments. All errors or omissions are mine alone. 1 Where this Article uses the terms “conservative” and “liberal” to describe shifts in legal doctrine, it is adopting the conventional usages of these terms in legal commentary. 2 Linda Greenhouse, In Steps Big and Small, Supreme Court Moved Right, N.Y. TIMES, July 1, 2007, at 1, available at http://www.nytimes.com/2007/07/01/washington/01 scotus.html?ex=1341028800&en=43ad643ff11e471e&ei=5124&partner=permalink&exprod =permalink; see generally JEFFREY TOOBIN, THE NINE: INSIDE THE SECRET WORLD OF THE SUPREME COURT (2007) (discussing emergence of conservative majority on Supreme Court). 3 Erwin Chemerinsky, Conservative Justice, L.A. TIMES, June 29, 2007, at A35, available at http://www.latimes.com/news/opinion/la-oe-chemerinsky29jun29,0,5235222. story. 4 See Greenhouse, supra note 2 (“Fully a third of the court’s decisions, more than in any recent term, were decided by 5-to-4 margins. Most of those, 19 of 24, were decided along ideological lines, demonstrating the court’s polarization whether on constitutional