STANDING - The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.
There are three requirements for Article III standing: (1) injury in fact, which means an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) a causal relationship between the injury and the challenged conduct, which means that the injury fairly can be traced to the challenged action of the defendant, and has not resulted from the independent action of some third party not before the court; and (3) a likelihood that the injury will be redressed by a favorable decision, which means that the prospect of obtaining relief from the injury as a result of a favorable ruling is not too speculative. Lujan v. Defenders of Wildlife, 112 S. Ct. 2130, 2136 (1992) (Lujan). The party invoking federal jurisdiction bears the burden of establishing each of these elements. Id.
In deciding whether xxx has standing, a court must consider the allegations of fact contained in xxx’s declaration and other affidavits in support of his assertion of standing. See Warth v. Seldin, 422 U.S. 490, 501 (1974) (Warth). see also Warth, 422 U.S. at 501 (when addressing motion to dismiss for lack of standing, both district court and court of appeals must accept as true all material allegations of the complaint and must construe the complaint in favor of the party claiming standing).
Standing is founded “in concern about the proper—and properly limited—role of the courts in a democratic society. “ Warth, 422 U.S. at 498. When an individual seeks to avail himself of the federal courts to determine the validity of a legislative action, he must show that he “is immediately in danger of sustaining a direct injury.” Ex parte Levitt, 302 U.S. 633, 634 (1937). This requirement is necessary to ensure that “federal courts reserve their judicial power for ‘concrete legal issues, presented in actual cases, not abstractions.’ “ Associated General Contractors of California v. Coalition for Economic Equity, 950 F.2d 1401, 1406 (9th Cir. 1991) (quoting United Public Workers, 330 U.S. at 89), cert. denied, 112 S. Ct. 1670 (1992). National Environmental Policy Act (NEPA), 42 U.S.C. S 4331, et seq.
Someone who seeks injunctive or declaratory relief “must show ‘a very significant possibility’ of future harm in order to have standing to bring suit.” Nelsen v. King County, 895 F.2d 1248, 1250 (9th Cir. 1990), cert. denied, 112 S. Ct. 875 (1992).
Those are all procedural cases....Find the law passed by legislature. It is prodecural not a law.
By any definition on earth, any soldier wearing the uniform of any branch of the US Military has standing. Anyone who serves in the military under this president can be ordered into action and killed or maimed for life. Every single soldier has the RIGHT to know his orders are legal.
I have been saying all along that the troops should be the ones to file a class action suit. They would suffer irrepairable harm under a bogus CiC.
STANDING - The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action.
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Show me where, prior to Frothingham v. Mellon in 1923, the Supreme Court disallowed constitutional challenges brought by ordinary people.
Frothingham introduced the concept as a way for SCOTUS to avoid being swamped with lawsuits ...
Standing is a procedural rule, not a law, and may not even be constitutional - but who is gonna challenge it in front of SCOTUS ???
The Constitution should be amended to allow for constitutional challenges of eligibility ...