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Essay / Research Paper Abstract
In three pages this paper examines the ‘standing to sue’ judicial concept in terms of definition, what a plaintiff must allege to establish required standing, and considers three cases where this issue was before the court. Five sources are listed in the bibliography.
Page Count:
3 pages (~225 words per page)
File: TG15_TGstandsue.rtf
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injury to a legally protected interest or right and demonstrate that other opportunities for defending that claim (before an administrative tribunal or a lower court) have been exhausted" (p. 175).
The plaintiffs injury clam must be personal and rooted in vindication as opposed to political motivations, and are usually financial in nature (OBrien, 2000). The standing doctrine has
been dubbed by some legal scholars as "the most amorphous concepts in the entire domain of the public law" (Braveman, 1989, p. 62). Its judicial importance involves the constitutional
implications of standing to sue, which involves which party is allowed to initiate a lawsuit in federal court as addressed in Article III of the U.S. Constitution (Braveman, 1989).
The American Founding Fathers sought to protect the federal judiciary from political fallout, and so the high courts would only hear controversial type cases (Braveman, 1989). If a plaintiff
can establish personal injury (can be monetary) and that this injury is a byproduct of what is being challenged, a standing to sue claim can proceed (Braveman, 1989). However,
"a finding of standing... does not guarantee that the plaintiff will eventually win the case" (Braveman, 1989, p. 62). Three famous cases in which the standing to sue was
a primary issue are Tileston v. Ullman, 318 U.S. 44, Flast v. Cohen, 392 U.S. 83, and Allen v. Wright, 468 U.S. 737. In the early 1940s, there was a
small but dedicated group of doctors and liberal activists in the United States that sought to protect the practice of family planning. At this time, there were several state
laws dating back to the nineteenth century prohibiting the use of contraceptives (Craig & OBrien, 1993). In most states, these groups had been unsuccessful in their attempts and state
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