Court Decisions and Standing

by

Humanities

Citizen advocacy groups often file complaints but do not always have the standing to do so. “Standing” refers to your right to intercede. Do you have significant interest in an issue? Think about an advocacy group that might file a complaint but does not have standing.

To prepare for this Discussion, consider the following scenario: You are the head of a citizen’s advocacy group, and your group has issues with an administrative agency rule. Your organization wants to challenge the rule, but your group does not have standing. You have been asked to put together, in 1–2 paragraphs, an explanation of whether your group should have standing, and why.

Provide a brief explanation of the administrative agency rule and why your group has issues with it. Then, include 1–2 paragraphs defending why the group should have standing to challenge the rule. Be sure to include the Bluebook citation for the rule.

Note: Include an in-text Bluebook citation, if referencing cases, as well as a citation in the reference list.

Support your response using the Learning Resources and other scholarly resources.

Readings

  • Harrington, C. B., & Carter, L. H. (2015). Administrative law & politics: Cases and comments (5th ed.). Washington, DC: CQ Press.
    • Chapter 7, “Elements of an Administrative Hearing”
    • Chapter 9, “Enforcement of Administrative Policy” (pp. 297–305)
    • Chapter 10, “Judicial Review” (pp. 320–321)
  • Harvard Law Review Association, et al. (Eds.). (2015). The Bluebook: A uniform system of citation(20th ed.). Cambridge, MA: Author.
    • Rule 10
  • Kerwin, C. M., & Furlong, S. R. (2010). Rulemaking: How government agencies write law and make policy (4th ed.). Washington, DC: CQ Press.
    • Chapter 6, “Oversight of Rulemaking” (pp. 247–268)
  • Pyle, C. (1999). How to brief a case. Retrieved from http://www.lib.jjay.cuny.edu/research/brief.html