Difference between revisions of "Associational standing"
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A [[party]] to a [[lawsuit]] acquires '''associational standing''' by showing that "(1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization's purpose; and (3) neither the claims asserted nor the relief requested requires the participation of the individual members in the [[lawsuit]]." ''McKinney v. U.S. Dep't of the Treasury'', 799 F.2d 1544, 1550 n.13 (Fed. Cir. 1986) (quoting ''Hunt'', 432 U.S. at 343). | A [[party]] to a [[lawsuit]] acquires '''associational standing''' by showing that "(1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization's purpose; and (3) neither the claims asserted nor the relief requested requires the participation of the individual members in the [[lawsuit]]." ''McKinney v. U.S. Dep't of the Treasury'', 799 F.2d 1544, 1550 n.13 (Fed. Cir. 1986) (quoting ''Hunt'', 432 U.S. at 343). | ||
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| + | The [[U.S. Supreme Court]] explained: | ||
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| + | :An association has standing to sue or defend in such capacity, however, only if its members would have standing in their own right. See Food and Commercial Workers v. Brown Group, Inc., 517 U.S. 544, (1996) (slip op., at 7-9); Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333, 343, 53 L. Ed. 2d 383, 97 S. Ct. 2434 (1977). | ||
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| + | Arizonans for Official English v. Ariz., 520 U.S. 43, 65-66 (U.S. 1997) | ||
[[category:United States Supreme Court Cases]] | [[category:United States Supreme Court Cases]] | ||
[[category:standing]] | [[category:standing]] | ||
Revision as of 03:46, September 27, 2010
A party to a lawsuit acquires associational standing by showing that "(1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization's purpose; and (3) neither the claims asserted nor the relief requested requires the participation of the individual members in the lawsuit." McKinney v. U.S. Dep't of the Treasury, 799 F.2d 1544, 1550 n.13 (Fed. Cir. 1986) (quoting Hunt, 432 U.S. at 343).
The U.S. Supreme Court explained:
- An association has standing to sue or defend in such capacity, however, only if its members would have standing in their own right. See Food and Commercial Workers v. Brown Group, Inc., 517 U.S. 544, (1996) (slip op., at 7-9); Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333, 343, 53 L. Ed. 2d 383, 97 S. Ct. 2434 (1977).
Arizonans for Official English v. Ariz., 520 U.S. 43, 65-66 (U.S. 1997)