a. standing
1. case or controversy Muskrat
2. injury in fact (to the P’s Sierra Club)
3. causation
4. likelihood of redress
prudential
5. no generalized grievances
a) TP standing to challenge a tax you paid
b) no TP standing to challenge an appropriation b/c too infinitesimal
exceptions:
1) Flast: GWC approp. + violation of est. clause
2) Butler: earmarking exception if you can trace tax $ you paid into unC’al appropriation
3) challenge municipal approp: okay b/c not so small
6. no 3P standing
exceptions: Singleton v. Wolf
a) inextricably intertwined rights with those who suffered injury
b) substantial obstacle to asserting the rt. (or no benefit to doing so)
b. no political questions Baker v. Carr
1. textually demonstrable commitment in the C to a coordinate political branch
2. no judicially manageable standards for deciding outcome
3. don’t want multiple pronouncements on this imp. issue
c. ripe
1. exception: self-executing law with chilling effect
d. not moot
exceptions:
a) capable of rep yet evading review (pregnancy Roe)
b) class actions Sosna
c) collateral damages (e.g. issue of $ damages not moot)
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