U.S. Supreme Court
Jul. 24, 2024
Justice Clarence Thomas' skepticism challenges associational standing doctrine
The concept, which dates back to 1958, has been used by conservative groups to challenge affirmative action policies at Harvard University and the University of North Carolina.
When out-of-state business groups sue in federal court to block California laws they don't like, they often cite the decades-old doctrine of associational standing. But that doctrine could be on its way out if a small group of conservative-leaning scholars get their way.
Associational standing allows an association to sue on behalf of injured members, even if only some of them suffered an injury. For instance, Michael Buschbacher, a partner with Boyden Gray PLLC in Washington...
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