Standingstock audio--Part I, Part II.
We continue with Taxpayer Standing, Third-Party Standing, and State Standing. I hope to finish Standing on Monday and Ripeness/Mootness on Tuesday; that panel should be ready to go for Tuesday.
• What are the limits on Flast standing under Valley Forge, Hein, and Winn? Imagine the government wants to subsidize the purchase of crucifixes by private individuals (an obvious EC violation)--how could it work that program and could a taxpayer challenge it?
• Why limit third-party standing?
• What are the requirements for third-party standing? Why is this not 1st-party standing?
• Consider the standing and third-party standing analysis in the following cases:
• Drs., clinics, or distributors challenging limits on the use and sale of contraception
• Barrow v. Jackson: White homeowner sued for damages for violating restrictive covenant by selling to African American purchaser
• Kowalski: Attorney sues to challenge constitutional validity of law denying public funds for an attorney on appeal where the defendant pleads guilty.
• Craig v. Boren (you should remember this one from Con Law): Bar owner challenges constitutional validity of law allowing women to purchase higher-alcohol beverages at 18 but men at 21.
• Morales-Santana:
Federal law makes it easier for a US-citizen mother living overseas to
transmit citizenship to child than for a US-citizen father living
overseas. Man facing deportation challenges the law, arguing he is US
citizen from brth and thus not deportable. He was born overseas to US citizen
father and non-US citizen mother and thus was not citizen at birth;
he would have been citizen at birth if his mother was the US citizen
parent. His father is deceased.
• State law that imposes criminal penalties and loss of
medical licenses on medical who prescribe contraception or prescribe
gender-affirming hormone therapy; providers sue to enjoin enforcement of
the laws. What is the argument that this is first-party rather than
third-party standing?
• What is overbreadth and how can we understand it as 1st-party standing and 3d-party standing?
• What is associational standing? What is organizational standing? How are they different?
