Congressional Standing to Sue: An Overview (CRS Report for Congress)
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| Release Date |
June 19, 2001 |
| Report Number |
RL30280 |
| Report Type |
Report |
| Authors |
Jay R. Shampansky, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
This report provides an overview of the standing of Members of Congress in light of the 1997 ruling of the Supreme Court in Raines v. Byrd that individual Members lacked standing to challenge the constitutionality of a public law. The Court in Raines recognized the separation of powers problems posed by congressional plaintiff suits but did not clarify the extent to which such problems may limit the ability of members to sue in federal court. The Court was of the view that a congressional plaintiff may have standing if he has suffered either a personal injury or an institutional one that amounts to vote nullification.
