Schlesinger v. Reservists Committee to Stop the War
 |
| Schlesinger v. Reservists Committee to Stop the War | |
|---|---|
 | |
| Holding | |
| There is no standing to sue based on an injury shared by all citizens even when refusal to find such standing means that no one may sue. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Burger, joined by Stewart, White, Blackmun, Powell, Rehnquist |
| Concurrence | Stewart |
| Dissent | Douglas, joined by Marshall |
| Dissent | Brennan |
| Dissent | Marshall |
| Laws applied | |
| Article III, Sec. 2 | |
Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974), was a decision by the
Background
Article I, Section 6, clause 2 of the U.S. Constitution, the
The district court found
Decision
In a 6–3 decision, the Supreme Court, in an opinion by Chief Justice Warren E. Burger, held that standing to sue may not be predicated upon an interest held in common by all members of the public. Rather, a concrete injury, whether actual or threatened, is necessary. The Court specifically rejected the idea – first embraced by the district court – that the lack of an alternative plaintiff could justify relaxation of the standing requirement. The Court stated: "The assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing."[4]
References
External links
- Text of Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) is available from: Cornell Findlaw Justia Library of Congress Oyez (oral argument audio)