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Standing (view source)

Revision as of 05:41, September 27, 2010

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''United Food & Commer. Workers Union Local 751 v. Brown Group'', 517 U.S. 544, 551 (U.S. 1996) (resolving the question of "whether a bar to the union's suit found in the test for so-called associational standing is constitutional and absolute, or prudential and malleable by Congress").

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The burden on the plaintiff to show standing is lower at earlier stages in a case:

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:At this stage of litigation--summary judgment--the plaintiffs' burden on standing is only to raise an issue of material fact. The Crofts have alleged that their children are enrolled in Texas public schools and are required to observe the moment of silence daily. Perry does not dispute this fact, and while still a party, the school district admitted in its answer that the Crofts' children attended school there. The Crofts' children are definitely present for the moment of silence, and like in Doe, we can assume that they or their parents have been offended--else they would not be challenging the law. That is enough to establish standing at this stage of the suit.

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''Croft v. Governor of Tex.'', 562 F.3d 735, 746 (5th Cir. 2009) (finding standing, and then affirming summary judgment in favor of a mandatory one minute of silence in [[public schools]] in [[Texas]]).

Only one of the petitioners needs to have standing to permit the [[U.S. Supreme Court]] to consider the petition for review:

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