cant come too far in the future or too speculative must be a concrete and

Cant come too far in the future or too speculative

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can’t come too far in the future or too speculative must be a concrete and individualized harm not minority group ( Meyer v. Wright) o 2. Traceability : injustice must be fairly traceable to D’s unlawful conduct: court not interested in percentages/speculation o 3. Redressability : favorable court decision for P against D would redress the ability. Relief being sought, if granted, has a reasonable likelihood of redressing the injury Affirmative action cases: redressible in getting chance to compete o Luhan Case: if you are being regulated by the agency: you have standing (like school bringing suit) Apposed to Allen: not being regulated, but kind of effected by it: no standing Muskrat v. United States (Court will not issue advisory opinions: need a case or controversy) Just asking advice on constitutionality of possible law not allowed Need individuals bringing suit o Must by case or controversy: what it sounds like (controversy could be slightly less than a case: some issue in civil suit) Allen v. Wright (tax breaks segregated school case: to bring suit, P must have real and individualized injury (not as member of class) that is traceable to the action challenged and can be redressed by the relief sought: purely ideological Ps will not have standing) Not saying they were discriminated against: but that IRS breached duty o Stigmatic injury: IRS being racist o Real Injury: lost chance to attend desegregated schools 4 reasons for rejecting this type of claims o 1. Docket : stignamtic injury: too many ppl could bring suit. (anyone felt stigmatized) o 2. Separation of powers : P’s asking courts to take executive role: making sure IRS performing the law better o 3. General grievance : political process to resolve generalized grievances: not the courts role can’t sue as citizen based on interest of gov. following law BUT: seems political process didn’t work: ran it’s course, IRS not doing law, they’re not maj. 10
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o If they had been denied entry: would be allowed to bring suit probably. o 4 . Stake in outcome : having real stake in outcome makes sure best arguments without: undermines case/controversy: BUT: clear stake if took it to supreme court: presumes ideologically driven P’s not zealous Requirements for Standing o 1. Injury : need a cognizable injury 1. Kids inability to attend desegregated schools: cognizable, but not traceable or redressible to this 2. Harmed by gov aiding discrimination: not cognizable: general class injury o 2. Traceability : causation question the injury must be traceable to the thing you’re challenging: not here bc too attenuated a connection: court wouldn’t accept a purely speculative connection dissent: elementary economics: majority didn’t buy it o 3. Redressibility: granting P’s relief will resolve the injury here: speculative again: that denying tax exemptions would reduce segregation o if parents could show: that enough discriminatory private schools receiving tax
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  • Spring '16
  • The Land, The Lottery, Supreme Court of the United States, ........., United States Congress

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