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The problem merely was that Congress hadn't bothered to grant standing to sue to animals under the Endangered Species Act or other environmental protection measures.
(However, most legal observers believe the panel will grant standing to the proponents, based on the decision of the California Supreme Court).
In particular, it has been unwilling to grant standing for a generalized constitutional injury other than to a plaintiff who is protected by a statute or when a statute grants standing.
Sometime after midnight, Sherman encountered Grant standing under a tree, sheltering himself from the pouring rain and smoking one of his cigars, while considering his losses and planning for the next day.
Nonetheless, the state court decision is one the appellate panel could point to if it decided to grant standing to the proponents, and many observers believe the panel has indicated that it would essentially mirror the standing decision made by the California Supreme Court.
"A lot of times conservatives are less likely to grant standing," she said, as the 5th Circuit refused to in the recent Mississippi case, reaffirming the similarly conservative lower court's denial of standing.
Similar(54)
The proponents of the discriminatory proposition should be granted standing, and they should lose.
In 2011 California's state Supreme Court granted standing to the Prop 8 backers.
It's not clear that the plaintiffs will be able to clear the first hurdle of being heard in court and granted standing to sue.
Each of us will be granted standing to comment on the other for many years to come and others will compare our characters and trajectories.
Ginsburg wondered whether the court had "ever granted standing to proponents of ballot initiatives?" She questioned why, once the law is passed, it proponents should be granted any special status to see it enforced.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com