MBE Rules · Constitutional Law
Third-party standing
The rule
A plaintiff generally may not assert the constitutional rights of others. Exceptions: (1) close relationship between plaintiff and third party such that plaintiff will effectively assert the right (e.g., doctor-patient, attorney-client, vendor-customer), (2) genuine obstacle to the third party asserting the right themselves, and (3) associational standing where members would have standing, the interest is germane to the org's purpose, and individual participation is not required.
In plain English
You normally sue over your own injury, but the Court recognizes limited jus tertii standing where a proxy is well-positioned to protect an absent rightsholder. Also covers organizations suing on behalf of members.
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