Standing [Justiciability Doctrine [2/5]

Question 1

Standing

Answer 1

• The determination of whether a particular person is the proper party to present a particular issue to the court for determination consistent with the Constitution’s case and controversy requirment
• Fact intensive + case-by-case in query that has developed into a more detailed analysis over time.

Question 2

Standing - Plaintiff must show:

Answer 2

1. Injury in fact
   - concrete and particularized
   - distinct and palpable
   - ?abstract? or imminent
   - NOT conjectural/hypothetical
2. Fairly traceable to challenged action [causation]
3. Relief from injury must be “likely” to follow from a favorable decision [redressibilty]

Question 3

Prohibition of Generalized Grievances – Prudential Standing Limits

Answer 3

• Article 3 may NOT hear lawsuits in which the ONLY injury the plaintiff claims is the **shared harm experienced by all citizens and taxpayers ** when the federal government or state fails to comply with the Constitution or laws of the US.

Generalized Grievance
- when a plaintiff does NOT claim an injury to a personal right, BUT instead objects as a taxpayer/citizen to a public policy.

Question 4

Exception [Flaust]– Prohibition of Generalized Grievances

Answer 4

UNLESS the plaintiff can show that the challenged government action caused a PARTICULARIZED INJURY –> NO standing

Question 5

Consider the operation on this prohibition in the stages over time as noted in US v. Richardson:

Answer 5

1. 1st Stage: Initial disapproval of taxpauer and citizen standing during 1920s and 19??
2. 2nd Stage: Approval of taxpayer standing: Flaust v. Cohen in the late 1960s. Challenge to federal law which provides subsidies to parochial schools [Establishment Clause]
3. 3rd Stage: Firm rejection of taxpayer and citizen standing in the 1970s and 1980s. 2 cases decided same day

Question 6

Prohibition against 3rd Party Standing – Prudential Standing Limits

Answer 6

Plaintiffs cannot assert injuries suffered by 3rd parties who are not before the Court [with some exceptions.]
- Normally, a party who has established Art. 3 standing may assert only that party’s own rights - NOT the rights of absent 3rd parties.

Question 7

Exceptions to the prohibition on 3rd party standing

Answer 7

Close relationship between plaintiffs and injured 3rd parties
i.e. - Doctor-patient relationship; Bartender- Consumer.
NO - Mother-son relationship; Father-daugher.

There are obstacles to a plaintiff asserting his/her own rights. If the plaintif is unlikely to be able to sue on his/her/their won. 3rd party standing may be permitted. [i.e. White person was sued for damages for failing to comply with contract whereby he was obligated to not sell to Black people. Raised rights of Black people, who were. not part to suit. Had standing.]