Author:Johnatan D. Varat

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In the United States, unelected, life-tenured federal judges may decide legal issues only when they are asked to do so by appropriate litigants. Such litigants are said to have standing to raise certain legal claims, including constitutional claims, in the federal courts.

A litigant's standing depends on two sets of criteria, one constitutionally required and one not, each ostensibly having three parts. The constitutional criteria derive from Article III's job description for federal judges, which permits them to declare law only when such a declaration is necessary to decide CASES AND CONTROVERSIES. These criteria center on the notion of an injured person's asking a court for a remedy against the responsible party, and each criterion corresponds to one of the three participants?to

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the plaintiff, the defendant, and the court, respectively. The plaintiff must assert that he suffered a cognizable personal injury; that the defendant's conduct caused the injury; and that the court's judgment is substantially likely to relieve it. The three nonconstitutional criteria for standing are "prudential" rules, self-imposed by the courts for their own governance, rules which Congress can eliminate if it chooses. These criteria, too, serve to diminish the frequency of substantive pronouncements by federal judges, but they focus on the legal basis of the suit, not on the plaintiff's actual injury. The first nonconstitutional criterion concerns representation: to secure judicial relief, injured litigants normally must assert that the injurious conduct violated their own legal rights, not the rights of third parties. The second assumes that government violations of everyone's undifferentiated legal rights are best left to political, not judicial, response: no one has standing if his or her legal position asserts "only the generalized interest of all citizens in constitutional governance." The third "prudential" criterion for standing seeks assurance that the law invoked plausibly protects the legal interest allegedly invaded: whatever interest is asserted must be "arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question."

Standing issues rarely surface in traditional suits, but federal courts applying these guidelines frequently deny standing to "public interest" plaintiffs anxious to challenge the legality of government behavior. The aim is not only...

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