Third-party standing

Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States, this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is not before the court. However, there are several exceptions to this doctrine.

For example, a third party may sue where he has interchangeable economic interests with the injured party, as in the case of a bookseller suing to enforce the rights of his patrons to purchase a particular book from his store.

A third party may assert the rights of another person in order to vindicate them when the other person is unable to do so. For example, the US Supreme Court has held that a white person bound by a restrictive covenant not to sell realty to a black person may assert the Fifth or Fourteenth Amendment rights of black persons not before the court.

A party that represents a class in a certified class action suit may continue to represent the class even where their own stake in the suit has dissipated. A woman seeking to challenge the constitutionality of a law that prevents divorcees from remarrying within a year may continue to represent the class of similarly situated persons, even if the year passes and she is able to remarry before the case has been decided.

Ordinarily, one may not claim standing in a court to vindicate the constitutional rights of some third party. The requirement of standing is often used to describe the constitutional limitation on the jurisdiction of federal courts to "cases" and "controversies." Apart from the jurisdictional requirement, the US Supreme Court has developed a complementary rule. one of self-restraint for its own governance. which ordinarily precludes a person from challenging the constitutionality of state action by invoking the rights of others. The common thread underlying both requirements is that a person cannot challenge the constitutionality of a statute unless he shows that he himself is injured by its operation.

Examples of application of this rule are:

There are recognized exceptions to the general rule in cases where the party whose rights are being invoked is not in a position to assert those right effectively. At times, "it would be difficult if not impossible for the persons whose rights are asserted to present their grievance before any court." In such cases the courts often allow third parties vicariously to vindicate the rights of a non-litigant rights possessor.

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Wikipedia