Austin, TX asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma

Q: When the United States Supreme court says there no standing to take up a case what are they saying.

1 Lawyer Answer
Jessica Brown
Jessica Brown
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf. Rather, you, as the person affected by the marriage, would have to sue for divorce.

Standing requires 3 things to be present: The plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.

Some issues regarding standing are clear and obvious (like the marriage example above), but others are definitely more nuanced and challenging.

Here's a link to an article regarding standing that you might find interesting:'irreducible,favorable%20judicial%20decision.%E2%80%9D%20Id.

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