Does a plaintiff have standing to bring a claim alleging that the district was unconstitutionally drawn?

MultiRegion, United States of America

The following excerpt is from Rockefeller v. Powers, 74 F.3d 1367 (2nd Cir. 1996):

Finally, we reject the defendants' argument that, because "the best party" to bring this claim is a delegate candidate, not non-candidate voters, the plaintiffs lack "prudential standing." Voters have standing to bring claims alleging that their district was unconstitutionally drawn because they suffer "special harms" from this constitutional violation. United States v. Hays, --- U.S. ----, ----, 115 S.Ct. 2431, 2436, 132 L.Ed.2d 635 (1995). The plaintiffs allege here that the state action decreases their voting choices relative to voters in other districts. This harm is particular to them and would not be felt in those terms by the delegate candidates who abandoned the race or failed to collect enough signatures. As said in Bullock, "the rights of voters and the rights of candidates do not lend themselves to neat separation." 405 U.S. at 143, 92 S.Ct. at 856. We therefore conclude that the plaintiffs have standing to bring this suit.

Other Questions


What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
Can a plaintiff bring an action in the 9th Circuit of the Ninth Circuit for damages arising out of sexual assault claims brought by a plaintiff who alleges he was sexually assaulted as a result of sexual abuse? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
Can a plaintiff bring a material issue of fact as to her hostile work environment claim when she alleges that a colleague made unwanted sexual advances toward her? (MultiRegion, United States of America)
Can a plaintiff bring a Title VII claim in the District Court? (MultiRegion, United States of America)
Can a plaintiff bring a motion to dismiss an individual's claim which duplicate allegations and requests for relief in a pending class action? (MultiRegion, United States of America)
What is the limitation period for a plaintiff to bring a claim against a defendant who has retired from the claim? (Canada (Federal), Canada)
Can a plaintiff bring a complaint alleging that defendants conspired to deprive plaintiff of his constitutional rights? (MultiRegion, United States of America)
Can a plaintiff bring a cognizable Eighth Amendment violation based solely on an allegation that defendants issued a false rules violation against plaintiff? (MultiRegion, United States of America)
Can a plaintiff bring a claim against the Department of Health and Social Services under Section 1983 of the Child Protection Act to expunge her name from a registry of alleged child abusers? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.