Standing (pp. 18–34)

Basic Doctrine

The doctrine of standing asks the question of whether a specific person is the proper party to bring a matter to the court for adjudication.
Rule: For a π to properly have standing, they must meet both:

  • Art. III standing requirements; and
  • prudential standing requirements.

Art. III Standing

Basic Requirements:

  • This is the second justiciability requirement, and both the most important and most litigated requirement.
  1. Injury: the plaintiff must have directly suffered or imminently will suffer an injury.
    • See Allen v. Wright.
    • Injunction Relief Standard: a π seeking injunctive or declaratory relief must show a likelihood of future harm that the relief would proactively remedy.
  2. Traceability (Causation): the injury is fairly traceable to the defendant's actions; the plaintiff must allege and prove that hte defendant is the cause of the injury.
    1. See Allen v. Wright.
  3. Redressability: the plaintiff must prove that a favorable federal court decision is likely to redress the injury.
    • Essentially: "what's it to you?"

Prudential Standing

Basic Requirements:

  1. a party generally may assert only his or her own rights and cannot raise the claims of third parties not before the court;
    • Exceptions: a π may present a claim of a third party
      • if there's a sufficiently close relationship between the π and the third party,
      • if the injured third party is unlikely to be able to assert his or her own rights,
      • if there's reason to believe that the third party can't come to court to protect himself or herself.
        • in this instance, then, the π—who meets the other requirements—may present these claims as well.
  2. a π may not sue as a taxpayer or citizen who shares a grievance in common with all other taxpayers and citizens.
    • Exception: taxpayers have standing to challenge government expenditures pursuant to a statute that is violating Article I's Establishment Clause.