The rules for Article III standing took their current form in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992). The case involved a challenge by an environmental organization to federal regulations issued under the Endangered Species Act. In ruling against the plaintiff, the Supreme Court identified a three-part test for establishing standing in federal court. A plaintiff has the burden of proving each element of the test.
1. Injury in Fact
A plaintiff must have suffered “an invasion of a legally protected interest” that meets two additional criteria: (1) it is “concrete and particularized”; and (2) it is “actual or imminent,” as opposed to “conjectural or hypothetical.” Lujan, 504 U.S. at 560. It does not need to be an economic injury, but it needs to be something that has directly affected the plaintiff.
2. Causation
The plaintiff’s injury must be “fairly traceable” to the conduct that is the subject of the lawsuit. Id. It cannot have resulted from actions by someone who is not a party to the lawsuit.
3. Likelihood of Redress
A decision in the plaintiff’s favor must be likely to provide an adequate remedy for the plaintiff’s injuries. The court specified that “redress[] by a favorable decision” must be “likely,” rather than “merely speculative.” Id. at 561.
She may have standing because if they lived together and he was the breadwinner of the household, she may have suffered a concrete and actual economic injury. I am not saying this because I support her suit (frankly, I believe its crap factually and there is no direct or proximate cause between DJT's actions and the injury complained of)
Perhaps Mr Sicknick should have never been a cop if he was in such poor health. That would not be Trump’s fault.
No real way they can say this was a result of anything Trump did or said. His tweets from that day are back up on twitter and they alone tell that he never incited any violence.
Perhaps Mr Sicknick should have never been a cop if he was in such poor health. That would not be Trump’s fault.
No real way they can say this was a result of anything Trump did or said. His tweets from that day are back up on twitter and they alone tell that he never incited any violence.