Standing

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  4. Standing | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute

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United States , the U. 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. Additionally, there are three major prudential judicially created standing principles. Congress can override these principles via statute:. In , 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.

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. In another major standing case, Lujan v. Defenders of Wildlife , U.

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The Court found that the plaintiffs did not have the standing necessary to bring suit, because no injury had been established. The court insisted though that the plaintiffs had to show how damage to the species would produce imminent injury to the plaintiffs. It requires that the party seeking review be himself among the injured". Beyond failing to show injury, the Court found that the plaintiffs failed to demonstrate the standing requirement of redressability. This programmatic approach has "obvious difficulties insofar as proof of causation or redressability is concerned".

In a case, Vermont Agency of Natural Resources v. United States ex rel. Stevens , U. The initial case that established the doctrine of standing, Frothingham v. Mellon , was a taxpayer standing case. 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.

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Cuno , [50] 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. 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 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. 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.


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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 S.

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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 , S. Martin argued in rebuttal that because of the U. 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 doesn't prosecute fornication cases and no one had been prosecuted for fornication anywhere in Virginia in over 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 is 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. Supreme Court in Lawrence has 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. 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.

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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 on standing differs substantially from federal law and varies considerably from state to state. On December 29, , the California Court of Appeal for the Sixth District ruled that California Code of Civil Procedure Section cannot be read as imposing a federal-style standing doctrine on California's code pleading system of civil procedure.

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Standing | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute

Standing exists from one of three causes: The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief.

The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment to the Constitution of the United States , because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law — the so-called " chilling effects " doctrine.

The party is granted automatic standing by act of law. The law allows them to receive attorney's fees if they substantially prevail in the action. In some U. Advisory opinions Standing Ripeness Mootness Political questions. Erie doctrine Abstention Sovereign immunity Abrogation. More examples He's a barrister of considerable standing. The president's standing with the public has been largely unaffected by the disclosure.

This latest revelation has done nothing to boost his political standing.

He had the wealth of a gentleman but not the social standing. She had hoped that the move would enhance her standing within the company. Thesaurus: synonyms and related words Reputation by reputation idiom cred credibility disreputable disrepute honourable infamous infamy live mud mud sticks idiom name notoriously reputable reputably reputation repute smoke there's no smoke without fire idiom your name is mud idiom. See also long-standing. You know you have a standing invitation to come and stay anytime you're in town.

Idiom from a standing start. See also credit standing. Need a translator? What is the pronunciation of standing? My Dictionary. Word of the Day karaoke a form of entertainment, originally from Japan, in which recordings of the music but not the words of popular songs are played, so that people can sing the words themselves.