Justice Barrett rejects appeal over Biden student debt plan

Whatever. These people can use all the mental gymnastics and sophistry they want, but we the people are constantly getting screwed over big time.

- ... the harm suffered by the Wisconsin taxpayers group is no different than the harm suffered by every other taxpayer, and therefore, they lack standing to sue. -

If that's the case, it sounds as if no one would have standing. Looks like a convenient way for the court to avoid some work.

In United States law, the Supreme Court has stated, “In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.”[35]

There are a number of requirements that a plaintiff must establish to have standing before a federal court. Some are based on the case or controversy requirement of the judicial power of Article Three of the United States Constitution, § 2, cl.1. As stated there, “The Judicial Power shall extend to all Cases . . .[and] to Controversies . . .” The requirement that a plaintiff have standing to sue is a limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers.[36] Federal courts may exercise power only “in the last resort, and as a necessity”.[36]

The American doctrine of standing is assumed as having begun with the case of Frothingham v. Mellon.[37] However, legal standing truly rests its first prudential origins in Fairchild v. Hughes, (1922) which was authored by Justice Louis Brandeis.[38] In Fairchild, a citizen sued the Secretary of State and the Attorney General to challenge the procedures by which the Nineteenth Amendment was ratified. Prior to it, the doctrine was that all persons had a right to pursue a private prosecution of a public right.[39] Since then the doctrine has been embedded in judicial rules and some statutes.

In 2011, in Bond v. United States, the U.S. Supreme Court held that a criminal defendant charged with violating a federal statute does have standing to challenge the constitutionality of that statute under the Tenth Amendment.[40]

Standing requirements
There are three standing requirements:

Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract).[41] The injury can be either economic, non-economic, or both.
Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.[42]
Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.[43]
Prudential limitations
Additionally, there are three major prudential (judicially created) standing principles. Congress can override these principles via statute:

Prohibition of third-party standing: A party may only assert his or her own rights and cannot raise the claims of a third party who is not before the court; exceptions exist where the third party has interchangeable economic interests with the injured party, or a person unprotected by a particular law sues to challenge the oversweeping of the law into the rights of others. For example, a party suing over a law prohibiting certain types of visual material, may sue because the 1st Amendment rights of theirs, and others engaged in similar displays, might be damaged.

Additionally, third parties who do not have standing may be able to sue under the next friend doctrine if the third party is an infant, mentally handicapped, or not a party to a contract. One example of a statutory exception to the prohibition of third party standing exists in the qui tam provision of the Civil False Claims Act.[44]
Prohibition of generalized grievances: A plaintiff cannot sue if the injury is widely shared in an undifferentiated way with many people. For example, the general rule is that there is no federal taxpayer standing, as complaints about the spending of federal funds are too remote from the process of acquiring them. Such grievances are ordinarily more appropriately addressed in the representative branches.
Zone of interest test: There are in fact two tests used by the United States Supreme Court for the zone of interest
Zone of injury: The injury is the kind of injury that Congress expected might be addressed under the statute.[45]
Zone of interests: The party is arguably within the zone of interest protected by the statute or constitutional provision.[46]
Recent development of the doctrine
In 1984, the Supreme Court reviewed and further outlined the standing requirements in a major ruling concerning the meaning of the three standing requirements of injury, causation, and redressability.[47]

In the suit, parents of black public school children alleged that the Internal Revenue Service was not enforcing standards and procedures that would deny tax-exempt status to racially discriminatory private schools. The Court found that the plaintiffs did not have the standing necessary to bring suit.[48] Although the Court established a significant injury for one of the claims, it found the causation of the injury (the nexus between the defendant’s actions and the plaintiff’s injuries) to be too attenuated.[48] “The injury alleged was not fairly traceable to the Government conduct respondents challenge as unlawful”.[49]

In another major standing case, Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992), the Supreme Court elaborated on the redressability requirement for standing.[43] The case involved a challenge to a rule promulgated by the Secretary of the Interior interpreting §7 of the Endangered Species Act of 1973 (ESA). The rule rendered §7 of the ESA applicable only to actions within the United States or on the high seas. The Court found that the plaintiffs did not have the standing necessary to bring suit, because no injury had been established.[50] The injury claimed by the plaintiffs was that damage would be caused to certain species of animals and that this in turn injures the plaintiffs by the reduced likelihood that the plaintiffs would see the species in the future. The court insisted though that the plaintiffs had to show how damage to the species would produce imminent injury to the plaintiffs.[51] The Court found that the plaintiffs did not sustain this burden of proof. “The ‘injury in fact’ test requires more than an injury to a cognizable interest. It requires that the party seeking review be himself among the injured”.[52] The injury must be imminent and not hypothetical.

Beyond failing to show injury, the Court found that the plaintiffs failed to demonstrate the standing requirement of redressability.[53] The Court pointed out that the respondents chose to challenge a more generalized level of government action, “the invalidation of which would affect all overseas projects”. This programmatic approach has “obvious difficulties insofar as proof of causation or redressability is concerned”.

In a 2000 case, Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 765 (2000),[44] the United States Supreme Court endorsed the “partial assignment” approach to qui tam relator standing to sue under the False Claims Act — allowing private individuals to sue on behalf of the U.S. government for injuries suffered solely by the government.[54]

Taxpayer standing
The initial case that established the doctrine of standing, Frothingham v. Mellon, was a taxpayer standing case.[37]

Taxpayer standing is the concept that any person who pays taxes should have standing to file a lawsuit against the taxing body if that body allocates funds in a way that the taxpayer feels is improper. The United States Supreme Court has held that taxpayer standing is not by itself a sufficient basis for standing against the United States government.[55] The Court has consistently found that the conduct of the federal government is too far removed from individual taxpayer returns for any injury to the taxpayer to be traced to the use of tax revenues, e.g., United States v. Richardson.

In DaimlerChrysler Corp. v. Cuno,[56] the Court extended this analysis to state governments as well. However, the Supreme Court has also held that taxpayer standing is constitutionally sufficient to sue a municipal government in a federal court.[57]

States are also protected against lawsuits by their sovereign immunity. Even where states waive their sovereign immunity, they may nonetheless have their own rules limiting standing against simple taxpayer standing against the state. Furthermore, states have the power to determine what will constitute standing for a litigant to be heard in a state court, and may deny access to the courts premised on taxpayer standing alone.

in California, taxpayers have standing to sue for any ‘illegal expenditure of, waste of, or injury to the estate, funds, or other property of a local agency’.[58] In Florida, a taxpayer has standing to sue if the state government is acting unconstitutionally with respect to public funds, or if government action is causing some special injury to the taxpayer that is not shared by taxpayers in general. In Virginia, the Supreme Court of Virginia has more or less adopted a similar rule. An individual taxpayer generally has standing to challenge an act of a city or county where they live, but does not have general standing to challenge state expenditures.

Standing to challenge statutes
With limited exceptions, a party cannot have standing to challenge the constitutionality of a statute unless he will be subjected to the provisions of that statute. There are some exceptions, however; for example, courts will accept First Amendment challenges to a statute on overbreadth grounds, where a person who is only partially affected by a statute can challenge the parts that do not affect him on the grounds that laws that restrict speech have a chilling effect on other people’s right to free speech.

The only other way someone can have standing to challenge the constitutionality of a statute is if the existence of the statute would otherwise deprive him of a right or a privilege even if the statute itself would not apply to him. The Virginia Supreme Court made this point clear in the case of Martin v. Ziherl 607 S.E.2d 367 (Va. 2005). Martin and Ziherl were girlfriend and boyfriend and engaged in unprotected sexual intercourse when Martin discovered that Ziherl had infected her with herpes, even though he knew he was infected and did not inform her of this. She sued him for damages, but because it was illegal (at the time the case was filed) to commit “fornication” (sexual intercourse between a man and a woman who are not married), Ziherl argued that Martin could not sue him because joint tortfeasors – those involved in committing a crime – cannot sue each other over acts occurring as a result of a criminal act (Zysk v. Zysk, 404 S.E.2d 721 (Va. 1990)). Martin argued in rebuttal that because of the U.S. Supreme Court decision in Lawrence v. Texas (finding that state’s sodomy law unconstitutional), Virginia’s anti-fornication law was also unconstitutional for the reasons cited in Lawrence. Martin argued, therefore, she could, in fact, sue Ziherl for damages.

Lower courts decided that because the Commonwealth’s Attorney does not prosecute fornication cases and no one had been prosecuted for fornication anywhere in Virginia in over 100 years, Martin had no risk of prosecution and thus lacked standing to challenge the statute. Martin appealed. Since Martin had something to lose – the ability to sue Ziherl for damages – if the statute was upheld, she had standing to challenge the constitutionality of the statute even though the possibility of her being prosecuted for violating it was zero. Since the U.S. Supreme Court in Lawrence had found that there is a privacy right in one’s private, noncommercial sexual practices, the Virginia Supreme Court decided that the statute against fornication was unconstitutional. The finding gave Martin standing to sue Ziherl since the decision in Zysk was no longer applicable.

However, the only reason Martin had standing to challenge the statute was that she had something to lose if it stayed on the books.

Ballot measures
In Hollingsworth v. Perry, the Supreme Court ruled that being the proponents of a ballot measure is not by itself enough to confer legal standing. In that case, Proposition 8 had banned same-sex marriage in California, a ban that was ruled unconstitutional. The Supreme Court ruled that the proponents of Proposition 8 has no standing in court since they failed to show that they were harmed by the decision.

State law
State law on standing differs substantially from federal law and varies considerably from state to state.

California
Californians may bring “taxpayer actions” against public officials for wasting public funds through mismanagement of a government agency, where the relief sought is an order compelling the official not to waste money and fulfill his duty to protect the public fisc.[59]

On December 29, 2009, the California Court of Appeal for the Sixth District ruled that California Code of Civil Procedure Section 367 cannot be read as imposing a federal-style standing doctrine on California’s code pleading system of civil procedure.[60] In California, the fundamental inquiry is always whether the plaintiff has sufficiently plead a cause of action, not whether the plaintiff has some entitlement to judicial action separate from proof of the substantive merits of the claim advanced.[60] The court acknowledged that the word “standing” is often sloppily used to refer to what is really jus tertii, and held that jus tertii in state law is not the same thing as the federal standing doctrine.[60]

https://en.wikipedia.org/wiki/Standing_(law)

” they didn’t have the legal right, or standing, to bring the case...”

I think we need to pass a law that says if any judge rejects a suit based on “no standing” then they have to provide an example of someone who might have standing to bring the suit. And if they cannot think of someone who might, then they can’t reject the suit on those grounds.

>Well the ones with standing would be those with college loans that they did not wish to be forgiven. LOL

There's actually been a suit filed by one such. I don't know its status. He was set to have his loans automatically forgiven in a few years thanks to where he worked post education. Cancelling them NOW, unlike his default timing, is considered by his state as income and thus costs him in state income taxes.

I guess what they really mean is MAGA “lice, fleas, and blood-sucking ticks” have no standing. Probably because we are the Americans who are always out busting our asses. Damn Feral “judges”. They all need to be in jail.

Actually standing is required by the constitution. Sorry to interfere with your screed. Just a fact though.

Another leftist mole who was posing as an honest conservative with religious based ethics.

I couldn't help but feel that the leftist hysterics around her had a "please don't throw me in that brier patch" flavor to them.

It’s the AP! I’m sure someone explained it to the reporter in a bar or restaurant and the editor doesn’t care either. I assume the lower court, District, and the order is standing as........

Standing is the toughest thing to overcome here. The Court does not like to take suits that are a generalized harm to the taxpayers.

” they didn’t have the legal right, or standing, to bring the case...”

I think we need to pass a law that says if any judge rejects a suit based on “no standing” then they have to provide an example of someone who might have standing to bring the suit. And if they cannot think of someone who might, then they can’t reject the suit on those grounds.

Pretty good idea on your part. My thinking for several decades now has been conservatives will always lose if they go to the Supreme Court of the US. Think about how absurd this EO is; it's anything but American to have us pay for rich peoples children's debts but that is going to happen. It will provide votes for FJB and deny votes to conservatives, that's what this is all about.

she’s sold out to the deep state swamp

Also, this was a request to halt the program while the merits of the case were pending in a lower court. Such an injunction is very hard to get. It is not enough that this be the wrongest of wrong policies providing the wrong benefit to the wrong beneficiaries on the authority of the wrong authorities wrongly interpreting legislation. The person(s) suing must suffer a specific harm.

Re: 15 - Unfortunately you are in the minority on this thread. As you can see from some of the comments, Barrett is a sell out, etc because she didn’t rule the way people thought she should (whatever way that is). Never mind that probably very few of the posters have even read the filings submitted to Barrett for consideration. It’s an example of ignorant, herd mentality. Just read and laugh, some of it is pretty funny!

Seems every time a Democrat sits in that Office, they have powers the Founding Fathers never dreamed of giving them. And conversely, the last Republican President was stopped by every single court in the land from doing/undoing anything.

Is it time yet?

Yep I hear you. People here loved Amy Coney Bennett when she helped overturned Roe versus Wade.

Here she makes a procedural ruling , not on the merits of the case , but on legal procedures involved , and now all of a sudden she’s a Bushie RINO sellout , who should never have been put on the Supreme Court.

People on this site are funny that way sometimes.

It’s hard to believe that she can’t see that making a plumber’s daughter pay for the college education of a lawyer’s son is wrong.

“And conversely, the last Republican President was stopped by every single court in the land from doing/undoing anything.”

Truer words were never spoken. Dozens of lawsuits by selected liberal judges halted Trump’s programs or executive orders. Where were all the ‘No Standing’ decisions then?

If you wanted something to stop, go to the 9th circuit. Shop another judge. No Standing is just a meaningless tool. It is also why the Election Theft was never allowed to proceed in court. It should be abolished and replaced with a better solution if something like it is needed.

“Here she makes a procedural ruling...”

It is why everyone that is not a lawyer, hates lawyers. If you can’t try a case on merit (that the speaker of the house said was illegal) that affects millions of Americans, then Standing is BS.

Standing singlehandedly is destroying the American Justice system by preventing Justice and despite what you say, is used by judges on a whim. It is also why we have Biden and the possible destruction of America.

In this thread: Many people who did not read, and/or have no concept of what happened.