Difference between revisions of "Standing"
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| − | '''Standing''' is the legal right to bring a lawsuit. Only a person with something actually at stake in a dispute has standing to bring a lawsuit. | + | '''Standing''' is the legal right to bring a lawsuit. Only a person with something actually at stake in a dispute has standing to bring a lawsuit. Only one of the petitioners needs to have standing to permit the [[U.S. Supreme Court]] to consider the petition for review: |
| + | *''[[Rumsfeld v. Forum for Academic and Institutional Rights, Inc.]]'', 547 U.S. 47, 52, n. 2, 126 S. Ct. 1297, 164 L. Ed. 2d 156 (2006). | ||
| − | The leading precedents of the [[U.S. Supreme Court]] on standing are: | + | ==Important Cases== |
| + | Standing presents strong [[separation of powers]] problems when the plaintiffs seek to challenge administrative action. Critically, suing the executive branch, the home of most administrative agencies, can result in improper judicial interference in executive functions. The leading precedents of the [[U.S. Supreme Court]] on standing are: | ||
*''[[Ass'n of Data Processing Serv. Org., Inc. v. Camp]]'' | *''[[Ass'n of Data Processing Serv. Org., Inc. v. Camp]]'' | ||
*''[[Hunt v. Washington State Apple Adver. Comm'n]]'' | *''[[Hunt v. Washington State Apple Adver. Comm'n]]'' | ||
*''[[Lujan v. Defenders of Wildlife]]'' | *''[[Lujan v. Defenders of Wildlife]]'' | ||
| − | + | In [[Establishment Clause]] cases, plaintiffs challenge religion in public life based on two separate types of standing: (1) taxpayer standing, and (2) non-economic injury, such as alleged offense or feeling of exclusion. ''See Flast v. Cohen''; ''and Hein v. Freedom from Religion Foundation''. | |
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| − | In [[Establishment Clause]] cases, plaintiffs challenge religion in public life based on two separate types of standing: | ||
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[[Category:law]] | [[Category:law]] | ||
Revision as of 04:27, December 6, 2008
Standing is the legal right to bring a lawsuit. Only a person with something actually at stake in a dispute has standing to bring a lawsuit. Only one of the petitioners needs to have standing to permit the U.S. Supreme Court to consider the petition for review:
- Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47, 52, n. 2, 126 S. Ct. 1297, 164 L. Ed. 2d 156 (2006).
Important Cases
Standing presents strong separation of powers problems when the plaintiffs seek to challenge administrative action. Critically, suing the executive branch, the home of most administrative agencies, can result in improper judicial interference in executive functions. The leading precedents of the U.S. Supreme Court on standing are:
- Ass'n of Data Processing Serv. Org., Inc. v. Camp
- Hunt v. Washington State Apple Adver. Comm'n
- Lujan v. Defenders of Wildlife
In Establishment Clause cases, plaintiffs challenge religion in public life based on two separate types of standing: (1) taxpayer standing, and (2) non-economic injury, such as alleged offense or feeling of exclusion. See Flast v. Cohen; and Hein v. Freedom from Religion Foundation.