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15 Cards in this Set

  • Front
  • Back
What are the elements of Constitutional Standing?
a. Harm or harm that is imminent (injury in fact)
b. Causation
c. The decision of the court will affect the decision
What are the prudential elements of standing?
1. 3rd party rights
2. General Grievence
3. Zone of interest
What type of harm is required
Directly tracable to the df, or soon to occur.

may NOT be abstract or hypothetical.

Lujan and Lyons
What does it mean for Pf to say that Pf suffered an injury?
i. “Irreducibile minimum” means some actual or threatened injury.

Valley Forge
ii. Sierra Club v. Morton

what happened?
1. Sierra Club sought injunction to prevent creation of ski resort, claiming they have a special interest in conservation of national parks.

2. Since none of its members had ever used Mineral King Valley, the court said the “special interest” reason was insufficient to confer standing.
2. A group of GW law students said an increase in freight rates of railroads would lead to a decrease in shipping recycled goods which would lead to the use of more natural sources so that they would not enjoy the use of the parks around D.C. that much.

3. Court grated standing saying aesthetic and environmental harms are sufficient if the plaintiff claims to harm the harm personally.
Sierra and SCRAP on INjuries
1. You must allege a personal injury.

2. Ideological injuries, like in Sierra Club are not enough.
What types of injuries are sufficient to confer standing?
1. common law rights
2. constiutional rights
3. statutory relief
4. aesthetic or enviromental harm
5. Economic Harm
Causation and Redressability
1. Injury is just one part of it all, you need to show (1) that the harm is traceable to defendant’s action and (2) a court decision would redress the problem. -> both are constitutional requirements for standing (see above).
Linda R.S. v. Richard D
i. Unwed mother sought to have father of a her child prosecuted for failure to pay child support.

ii. The statute did apply to illegitimate children.

iii. The court said to command prosecutors to apply the law to illegimate children would just jail the guy and not cause her to receive more money.
d. Allen v. Wright
i. No standing when you feel “stigmatized” by government action, IRS granting tax empt status to private schools that discriminate on race.

1. too abstract

ii. They also said that their children’s chances to receive an integrated education were hurt by the tax exempt status of private, discriminatory practices.

1. Supreme Court said too many third parties allowed and this injury was not traceable to the government but involved third parties, including the private schools and parents
Prudential Requirment of 3rd party standing
4. Advances underlying aspects of standing –

(1) only people actually injured can be satisfied,

(2) improves quality of litigation..
4 exceptions to 3rd party standing
1. Where the party will be unable to sue

2. Close relationship between Pf and 3rd Party

3. Over Breadth Doctrine

4. Standing for Assosiations
i. Barrows v. Jackson

what kind of standing?

1. White man sued for breach of contract for allowing non-whites to occupy the land. In his defense, he asserted the rights of blacks to own and rent land in the community. Blacks could not sue because they were not in privity.
b. Closer Relationship between Plaintiff and Third Party
i. Usually standing is allowed when the one asserting standing is party of the third parties constitutionally protected activity.