Hearings, Reports and Prints of the Senate Committee on the JudiciaryU.S. Government Printing Office, 1977 |
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14th amendment action apparel appeal Arlington Heights BATES believe bill burn injuries BYRD carcinogenic Chairman chemical children's sleepwear civil rights committee Congress constitutional violation Consumer Product Safety Court of Claims CPSC decision desegregation discriminatory purpose district court effect enactment fabric fact Federal courts flame retardant flammability forced busing garments going Government GRAGLIA hearings Hispanic housing impact industry intent issue judges judicial Judiciary Justice Keyes legislation litigation loss lower courts manufacturers ment MITCHELL neighborhood officials percent plaintiffs problem question racial balance racial discrimination racial segregation reason remedy repurchase result school desegregation school district school system segregation Senator ALLEN Senator BIDEN Senator DECONCINI Senator METZENBAUM Senator ROTH Senator SCOTT Senator THURMOND standard standing statement statute Supreme Court testimony Thank thing tion Tris ban Tris-treated U.S. Senate unconstitutional white flight Wilmington
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Stran 10 - your deliberations. The standing test enunciated in Data Processing hinges on "whether the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question." 397 US at 153. That is, a plaintiff must show not merely that defendant's conduct
Stran 244 - whether the plaintiff has 'alleged such a personal stake in the outcome of the controversy* as to warrant his invocation of federal-court jurisdiction and to justify exercise of the court's remedial powers on his behalf." Id. at 498-99, quoting Baker v.
Stran 265 - which affirmed a two-pronged test of standing: (1) injury in fact,' economic or otherwise, and (2) whether the interest sought to be protected by this complainant is arguably within the zone of interests * to be protected or regulated by the statute or constitutional guarantee in question. This
Stran 321 - who maintain that the proposed amendments are designed merely to stop what they view as unnecessary busing, I call to mind the observation of Chief Justice Marshall that "if the laws furnish no remedy for the violation of a vested legal right,: we are no longer "a government of laws, and not of
Stran 270 - arguably within the zone of interests to be protected or regulated by the statute or Constitutional guarantee in question." • Additionally, if the plaintiff is alleging a "general grievance" shared by others, jurisdiction will not be warranted.*
Stran 119 - the Court could state unequivocally that standing does not raise separation of powers problems but is "related only to whether the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution.
Stran 195 - limitations on federal court jurisdiction, the question of standing is related only to whether the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution. It is for that
Stran 226 - Nothing is clearer than that this controversy concerns matters that bring courts into immediate and active relations with party contests. From the determination of such issues this Court has traditionally held aloof. It is hostile to a democratic system to involve the judiciary in the politics of the people... To
Stran 89 - The 'gist of the question of standing' Is whether the party seeking relief has 'alleged such a personal stake in the outcome of the controversy as to assure that concrete
Stran 304 - whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch. Green v. County School Board, 391 US 430. 437-38 (1968). Three years later, in