Courts can expand capacity.
Kahn 10, Assistant Professor of Law, SMU Dedman School of Law "ARTICLE: ZOYA'S STANDING PROBLEM, OR, WHEN SHOULD THE CONSTITUTION FOLLOW THE FLAG?", March, Michigan Law Review, 108 Mich. L. Rev. 673, Lexis
The Problem of Court Clog¶ The first concern is the easiest to set to rest. Whenever a proposal to expand access to courts and tribunals is made, the first criticism is often a practical one: the "the oft-expressed fear that a "host of parties' will descend upon it and render its dockets "clogged' and "unworkable.'" n208 It is clearly the prospect of such litigation that has worried the Supreme Court when confronted with extraterritorial claims in the past. n209¶ The argument is practically self-refuting. The answer to the threat of court clog is not to create an arbitrary device to exclude plaintiffs with legitimate claims. The answer is to expand the capacity of courts. In any event, it is hard to see how the criticism has any traction: whether the motion to dismiss is for lack of standing or for some other reason, the motion will be submitted and must be decided. A fact-intensive inquiry into the substantiality of connections does not lend itself to quick disposition. n210