the relator prevails. This is not to suggest that Congress cannot define new legal rights, which in turn will confer standing to vindicate an injury caused to the claimant. As we have held in another context, however, an interest that is merely a “byproduct” of the suit itself cannot give rise to a cognizable injury in fact for Article III standing purposes. Id . at 772-73. For the byproduct quote, see Steel Co ., 523 U.S. at 107.
Something, it seemed, would have to give. Justice Scalia had previously suggested that a bounty would suffice to give the plaintiff a
Automotive Industry , WT/DS139/AB/R, WT/DS142/AB/R (May 31, 2000)). Brazil - Tyres’ Appellate Body Report, Brazil - Measures Affecting Imports of Retreaded Tyres , WT/DS332/AB/R, (Dec. 3, 2007); Panel Report, Brazil - Measures Affecting Imports of Retreaded Tyres , WT/DS332/R (Jun. 12, 2007) (adopted Dec. 17, 2007 as modified by Appellate Body Report, Brazil - Measures Affecting Imports of Retreaded Tyres , WT/DS332/AB/R (Dec. 3, 2007)). and U.S. - Steel Safeguards . Appellate Body Report, United States - Definitive Safeguard Measures on Imports of Certain Steel