There is much to consider in the recent decisions from the U.S. Supreme Court, and fodder for many editorials. This one focuses on the decision in 303 Creative LLC v. Elenis, and starts with a basic primer.
“It is a basic principle of our law . . .that the plaintiffs must have standing in order for a court to have jurisdiction to render a declaratory judgement,” “A party pursuing declaratory relief must . . .demonstrate, as in ordinary actions, a ‘justiciable right’ in the controversy sought to be resolved, that is, ‘contract, property or personal rights . . .as such will be affected by the [court’s] decision.” “When standing is put in issue, the question is whether the person whose standing is challenged is a proper party to request an adjudication of the issue and not whether the controversy is otherwise justiciable, or whether, on the merits, the plaintiff has a legally protected interest that the defendant’s action has invaded.” “Standing is established by showing that the party claiming it is authorized by statute to bring suit or is classically aggrieved.”
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