A Survey of Constitutional Standing in State Courts
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A Survey of Constitutional Standing in State Courts
«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtstate CourtsWyatt SassmanSouthern Environmental Law CenterFollow this and additional works at: https://uknowledge.uky.edu/kjeanrlCf Part of the Constitutional Law CommonsRight click to open a feedback form in a new tab to let US know how this document benefits you.Recommended CitationSassman, Wyatt ( A Survey of Constitutional Standing in State Courts2015) ' A Survey of Constitutional Standing in State Courts," Kentucky Journal of Equine.Agriculture, & Natural Resources Law. Vol. 8 : Iss. 2. ArticlA Survey of Constitutional Standing in State Courts
e 5.Available at: https://uknowledge.uky.edU/kjeanrl/vol8/iss2/5This Article is brought to you for free and open access by the Law Journals at UKnowle«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courts more information, please contact UKnowledge@lsv uky.edu.A Survey of Constitutional Standing in State CourtsWyatt SassmanQ ______________k-Jtate courts sometimes limit their power to adjudicate cases according to constitutional standing requirements adopted by federal courts under Article 111 of the A Survey of Constitutional Standing in State Courts United States Constitution. Why? State courts are not governed by Article III, and as courts of general, rather than limited, jurisdiction, play a diA Survey of Constitutional Standing in State Courts
fferent role than federal courts. This Article surveys recent decisions of the fifty states and District of Columbia to answer three questions: (1) do«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtsional standing requirements; and (3) does the state recognize any exceptions to its constitutional standing requừements? The Article presents its results in terms of majority and minority positions, finding that: (1) a majority of states apply constitutional standing, but only a minority of those st A Survey of Constitutional Standing in State Courtsates adopt the controlling federal test articulated in Lujan If. Defenders of Wildlife, 504 U.S. 555 (1992); (2) a majority of states that apply constA Survey of Constitutional Standing in State Courts
itutional standing requkements attribute those requirements to something other than a written constitution; and (3) a majority of states recognize exc«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtsot controlling, influence on the development of state constitutional standing doctrines. Lastly, I recommend further study assessing the diversity of state rationales for constitutional standing and generating an alternative theory of constitutional standing distinguishable from Article III doctrine A Survey of Constitutional Standing in State Courts and better suited to the states’ flexible approaches.B.A.,J.D., Vanderbilt University. Associate Attorney, Southern Environmental Law Center, CharlesA Survey of Constitutional Standing in State Courts
ton, South Carolina. Adjunct Professor of Law, Charleston School of Law. The views expressed in this Article arc mine alone, and do not reflect the vi«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtsle is to provide, by short summary of each state’s relevant cases, a survey of the doctrine of constitutional standing as applied in the fifty states and the District of Columbia. Constitutional standing is distinguished from other types of standing, such as statutory or taxpayer standing, by its ge A Survey of Constitutional Standing in State Courtsneral application as a limitation on judicial power in all cases and causes of action. As the name suggests, this limitation is sometimes based on conA Survey of Constitutional Standing in State Courts
stitutional text—but not always. The doctrine is most often associated with Article III of the United States Constitution, which the United States Sup«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtscnt places a burden on the plaintiff to show that she is injured in a way remediable by the forum court.2 If she cannot, there is no case or controversy capable of resolution—or, the case is not “justiciable”—and the judiciary’s limited power cannot extend to the plaintiffs case.3 This line of reaso A Survey of Constitutional Standing in State Courtsning has had a significant impact on state court approaches to standing.4 The following two oft-cited federal cases are worth highlighting for ease ofA Survey of Constitutional Standing in State Courts
reference later.In Ass'n of Data Processing Service Organizations, Inc. V. Camp, the United States Supreme Court restated prior decisions on standing«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtsharmed interest is within the “zone of interests” protected by the statute providing the cause of action.5 The Data Processing decision was a product of the rise of administrative litigation during the 1970’s. As the regulatory state took form, federal courts found it difficult to rationalize statut A Survey of Constitutional Standing in State Courtses that authorized citizens to seek review of agency action in federal court with precedent, holding that Article in required a federal court to ensurA Survey of Constitutional Standing in State Courts
e that parties had a traditional legal interest at stake in order to hear the case.6 For example,’ See Lujan V. Defenders of Wildlife, 504 U.S. 555,56«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courts (1983).3Lujan, 504 U.S. at 561.4See, e.g., Mich. Citizens for Water Conservation V. Nestle Waters N. Am. Inc., 737 N.w.2d 447,454 (Mich. 2007) (“Before his appointment to the United States Supreme Court, Chief Justice John Roberts wrote that the doctrine of standing ‘implement[s I the Framers’ conc A Survey of Constitutional Standing in State Courtsept of'the proper— and properly limited—role of the courts in a democratic society’ so that ‘[s]tanding is thus properly regarded as a doctrine of judA Survey of Constitutional Standing in State Courts
icial self-restraint’"), overruled by Lansing Sch. Educ. Ass’n V. Lansing Bd. of Educ., 792 N.w.2d 686 (Mich. 2010).$ 397 U.S. 150, 152-53 (1970)6 See«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courtshe traditional legal interest at stake in the Administrative Procedure Act’s authorization of “affected” or “aggrieved” private individuals to challenge government action in the form of agency decisions?7The Data Processing decision, if intended to clarify, was Delphic and disruptive.8 What was clea A Survey of Constitutional Standing in State Courtsr was that the Court had discarded the “legal interests test” for standing, whereby a party must assert an invasion to “a legal right—one of property,A Survey of Constitutional Standing in State Courts
one arising out of contract, one protected against tortious invasion, or one founded on a statute which confers a privilege”—as “go[ing] to the merit«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in st A Survey of Constitutional Standing in State Courts administrative action.”9 What ultimately took the place of this test was the two-part, injury-in-fact and zonc-of-interests test, with the former element reflecting traditional aspects of Article III standing, and the latter clement reflecting the modem reliance on statutory causes of action.10 A Survey of Constitutional Standing in State Courts«nvggi—_UKnowledgeKentucky Journal of Equine, Agriculture, &Natural Resources LawVolumes Issue 2Article 52015A Survey of Constitutional standing in stGọi ngay
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