Adapting to a World Without Third-Party Standing: How Reproductive Rights Advocacy Organizations Can Challenge Anti-Abortion Statutes Through Associational Standing

 

 

  1. Background

            President Trump and different conservative legislators have usually made grand statements about overturning Roe v. Wade and returning abortion regulation to the states.[1] Many commentators, nonetheless, anticipate the Court docket and different conservative actors to proceed their extra delicate strategy of slowly chipping away on the rights granted in Roe with out explicitly overturning the case.[2] Just lately, one such effort to chip away at Roe has taken the type of a procedural assault on standing.[3] Below a conventional standing evaluation, a plaintiff could solely try to vindicate her personal constitutional rights and never the rights of some particular person who isn’t a get together to the case.[4] If utilized strictly, this rule would prohibit an abortion clinic from arguing that a regulation imposes an undue burden on its sufferers. Since 1976, nonetheless, the Court docket has permitted abortion clinics to sue on behalf of their sufferers underneath the doctrine of third-party standing.[5] Third-party standing permits a plaintiff (e.g., an abortion clinic) to assert standing on behalf of some third get together (e.g., a affected person) when a shut relationship exists and when the third get together faces a hindrance making it tough for her to problem the regulation herself.[6]

A number of Supreme Court docket justices and a few commentators have not too long ago argued that clinics shouldn’t qualify for third-party standing.[7] If a majority of the Court docket adopts this place, lawsuits difficult abortion restrictions will want to embody a person plaintiff with standing to problem the regulation (clinics should be a part of the swimsuit as further events). This assault on standing chips away at Roe by making it more durable to problem state statutes limiting abortion entry. First, girls could not need to deliver lawsuits difficult abortion restrictions as a result of the fits could negatively affect their private {and professional} lives. In any case, 46% of People establish as pro-life, 47% view abortion as morally unsuitable, and 20% need abortion unlawful in all circumstances.[8] What if a work supervisor or member of the family in that 20% of the inhabitants heard concerning the lawsuit? A person might lose her job or relationship. Worse but, abortion suppliers in 2019 reported 22,366 incidents of on-line harassment, 1,507 circumstances of trespassing, and eight bomb threats.[9] Skilled clinics are higher positioned to deal with these tense conditions than particular person plaintiffs. Though suing underneath a pseudonym alleviates a few of these issues, it might nonetheless be tough to conceal involvement in a high-profile swimsuit from buddies, relations, and employers, any one among whom might leak data to most people. 

As well as to the heightened dangers that a person could face when difficult abortion restrictions, the Court docket has additionally acknowledged an incentive downside that exists in such a lawsuit.[10] Since litigation is expensive, time-intensive, and controversial, people have little motive to problem legal guidelines that don’t straight have an effect on them. Girls looking for abortions are straight burdened by spousal consent necessities or ready intervals and due to this fact have some incentive to problem them in court docket. Nonetheless, people don’t instantly really feel the burden of different laws like strict credentialing requirements and hospital admit privilege necessities. Though these laws could ultimately burden particular person girls by forcing clinics to shut, they’re much much less seen till their detrimental results are tough to reverse. Due to this fact, with out third-party standing, no one is in a good place to problem back-end course of laws till they’ve already imposed a substantial, irreversible burden on sufferers.

            This Article makes the novel argument that reproductive rights advocacy organizations can straight problem restrictive anti-abortion statutes by means of associational standing.[11] The doctrine of associational standing permits organizations to sue on behalf of their members. It has most of the similar advantages as third-party standing: (most of) the anonymity that third-party standing gives, the flexibility to leverage the time and assets of a bigger group, and a excessive incentive to problem all forms of statutes limiting abortions. Though abortion clinics could not qualify for associational standing, many reproductive rights organizations probably have standing to problem abortion restrictions on behalf of their members. This Article will first summarize the rise and fall of third-party standing for abortion clinics and can then argue that advocacy organizations have associational standing to straight problem abortion restrictions.

  1. The Rise and Fall of Third-Party Standing for Abortion Suppliers

The standard guidelines of standing forestall plaintiffs from showing in federal court docket except they meet a number of “Case” and “Controversy” necessities rooted in Article III of the Structure in addition to some further guidelines imposed by the Court docket.[12] One such rule requires the plaintiff to argue that the defendant violated that plaintiff’s rights, not the rights of some uninvolved third get together.[13] In accordance to this rule, an abortion clinic might argue that an anti-abortion statute impaired its personal potential to function as a enterprise; it couldn’t, nonetheless, argue that the statute violated the elemental reproductive rights of girls. This distinction issues as a result of courts evaluate claims of financial hurt with a very deferential “rational basis” commonplace, however they evaluate restrictions on basic reproductive rights with the extra essential “undue burden” commonplace. Thus, underneath conventional standing doctrine, abortion clinics have a low chance of efficiently difficult anti-abortion legal guidelines. 

As defined within the Background, third-party standing is an exception to normal standing doctrine that typically permits a plaintiff to assert the rights of others in a lawsuit. As well as to satisfying the Article III necessities, a plaintiff looking for to set up third-party standing should (1) preserve a shut relationship with the third get together and (2) present that the third get together confronted some hindrance in asserting her personal rights.[14] Shortly after creating the doctrine, the Supreme Court docket in 1976 granted abortion suppliers third-party standing to sue on behalf of their sufferers.[15]

            Since gaining third-party standing rights in Singleton, abortion suppliers have been important to difficult unconstitutional restrictions on reproductive rights. For instance, the Court docket not too long ago cited eight separate Supreme Court docket circumstances introduced by abortion clinics with third-party standing.[16] Many of those circumstances handled the difficulty as so clear that they didn’t even focus on standing in any respect. One other examine discovered that within the three years between Roe and Singleton, roughly 32% of the challenges to abortion legal guidelines in federal courts had been filed by clinics; because the Singleton choice in 1976, clinics account for 76% of the challenges to abortion legal guidelines in federal courts.[17] This information confirms the vital position of clinics in difficult anti-abortion legal guidelines and demonstrates the widespread acceptance of their standing to achieve this.

            Just lately, nonetheless, the legitimacy of third-party standing for abortion suppliers has been referred to as into query by each students and members of the Court docket.[18] These arguments in opposition to third-party standing are finest summarized in Justice Alito’s dissenting opinion in June Medical Companies.[19] First, Alito argued that the pursuits of an abortion supplier don’t align with these of the affected person when the supplier challenges laws supposed to advance the protection of the affected person.[20] In June Medical Companies, the acknowledged goal of the regulation was to shield the affected person’s well being and the impact was to improve the regulatory burden on the clinics.[21] Alito noticed a battle of curiosity right here: it’s within the clinic’s self-interest to problem the burdensome regulation, however it’s not within the affected person’s finest pursuits as a result of the regulation was handed to shield the affected person.[22] The pure response to this argument is that the regulation was not handed to shield the affected person; that’s the complete level of the litigation. Nonetheless, in accordance to Alito’s rationale, that’s an argument on the deserves of the regulation, which can’t be addressed till the plaintiff establishes standing.[23] Below this logic, there may be an inherent battle of curiosity that would forestall clinics from establishing third-party standing.

Justice Alito then proceeded to argue that abortion clinics don’t meet the 2 necessities for third-party standing. He first questioned the “closeness” of the connection between a physician performing an abortion and her affected person and even quoted a assertion that there’s “no doctor/ patient relationship” between a physician performing an abortion and her affected person.[24] Alito additionally argued that girls face no hindrance to difficult restrictive statutes themselves.[25] He targeted on the 2 hindrances mentioned in Singleton: privateness issues for the plaintiff and the chance of a being pregnant ending earlier than the lawsuit, thereby mooting the case.[26] Relating to the privateness subject, Alito prompt that girls might sue underneath a pseudonym and observe the opposite procedures established to shield anonymity within the courtroom.[27] Relating to the priority about mootness, Alito acknowledged that the capable-of-repetition-yet-evading-review exception to mootness solves the issue of a being pregnant ending prior to a lawsuit’s conclusion.[28]

Justice Alito’s arguments had been convincing sufficient to acquire the help of Justices Thomas and Gorsuch. Though Justice Kavanaugh didn’t be a part of this part of Alito’s dissent, his opinion on third-party standing stays unknown, as does that of Justice Barrett. Since Alito’s dissent might probably grow to be the Court docket’s majority view within the subsequent few years, advocates of reproductive rights want to take into account alternative routes to problem burdensome anti-abortion legal guidelines. Associational standing could present one such avenue. 

  1. Associational Standing for Reproductive Rights Organizations

            As help for third-party standing dwindles, reproductive rights advocacy organizations ought to take into account difficult anti-abortion legal guidelines by means of associational standing. Associational standing permits a company to assert standing on behalf of its members in sure conditions the place the treatment will profit the members who’ve been injured.[29] This doctrine expands entry to the courts by permitting members to profit from a company’s “pre-existing reservoir of expertise and capital.”[30] Moreover, since people usually be a part of a company “to create an effective vehicle for vindicating interests that they share with others,” the group is mostly well-positioned to signify its members.[31]

After establishing associational standing, a company can assert the rights of its members in the identical manner that a clinic with third-party standing can assert the rights of its sufferers. A company looking for associational standing should present that: “(a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.”[32]The next sections will first discover who may qualify as an “organization” and can then assess how such a company might fulfill the three required parts.

  1. Qualifying as an Group

Prior to asserting associational standing, a litigant should first qualify as a company. The Court docket has by no means clearly outlined the time period “organization,” nevertheless it has described the required traits in varied circumstances. First, in straightforward circumstances involving clear organizations like unions and commerce associations, the Court docket has begun its associational standing evaluation with out even discussing the preliminary group query.[33] This implies that courts is not going to apply a technical definition of group when the reply is obvious. Second, even in hazier circumstances involving bigger organizations with broader pursuits like nationwide environmental teams or the NAACP, the Court docket has not spent a lot time on the definition of a company.[34] These circumstances are much less clear than these involving unions as a result of teams like Sierra Membership and the NAACP are nationwide organizations whose members have numerous pursuits and causes for becoming a member of the affiliation. However, the Court docket has simply categorised each of those teams as organizations.

Within the seminal case Hunt v Washington State Apple Promoting Fee, the Court docket confirmed its functionalist strategy to defining a company.[35] There, a state company sought to assert associational standing on behalf of the apple growers and sellers it regulated.[36] On its face, an company is clearly not an affiliation. It doesn’t have members, participation isn’t voluntary, and it’s an arm of the federal government.[37] Nonetheless, the Court docket held that the company served related capabilities to these of a company and that it due to this fact had standing.[38] These capabilities included (1) a “purpose of protecting and enhancing” apple gross sales, (2) the election of the company’s Commissioners by the apple firms, (3) the financing of the company by means of taxes solely on the apple firms, and (4) the company’s personal pursuits within the final result of the litigation.[39] This opinion exhibits the Court docket’s willingness to prolong associational standing to any group that functionally serves as an “organization” representing the pursuits of its “members.”

Primarily based on these broad definitions of a company, there are a number of forms of teams that would problem legal guidelines limiting abortion entry on behalf of their members. The strongest choice can be a reproductive rights group like NARAL or the Nationwide Community of Abortion Funds (hereinafter “NNAF”). Like Sierra Membership and the NAACP, each of those teams have pages soliciting membership and inspiring donations as a part of the membership course of.[40] Sierra Membership’s membership choices seem to be at a state-level, which can assist fulfill the requirement that members have standing to sue in their very own proper. Nonetheless, because the NAACP gives membership at a nationwide degree and courts have granted it associational standing, this distinction is probably going not essential. As well as to its resemblance to Sierra Membership and the NAACP, the NNAF permits some members to take part in management our bodies,[41] which aligns with one of many functionalist group traits from Hunt

As a second choice, a hybrid group like Deliberate Parenthood that gives some medical providers and engages in some advocacy could qualify as a company underneath these standards. Just like the NAACP and Sierra Membership, one can grow to be a member of the Deliberate Parenthood Motion Fund (hereinafter “PPAF”).[42] Just like the company with a clear goal to profit its “members” in Hunt, the PPAF has a clearly acknowledged goal of accelerating entry to contraception, abortion, and well being care fairness.[43] This aligns with the pursuits of its members who presumably be a part of to advance that aim. Moreover, PPAF seeks donations from members to help its group and is due to this fact no less than partially funded by one thing related to a membership payment.[44] Lastly, just like the company in Hunt, Deliberate Parenthood has private stakes within the final result of the litigation. Regardless that Deliberate Parenthood might be seen as each a supplier of medical providers and an advocacy group, there may be nothing within the case regulation stopping such a hybrid group from asserting associational standing.

A 3rd and least probably choice can be for an abortion clinic to assert associational standing. This argument is unlikely to succeed however could also be doable underneath the functionalist Hunt strategy. In any case, the aim of a clinic is to supply reproductive well being providers, which aligns carefully with the pursuits of its “members” looking for to train their reproductive rights. Just like the company in Hunt that was funded solely by taxes on the apple firms (its pseudo-members), a personal clinic is funded primarily by its sufferers (its pseudo-members). With that being stated, it appears unlikely that this Court docket would stretch the definition of a company that far. In contrast to the company in Hunt, most ladies visiting a clinic shouldn’t have the identical sort of on-going relationship that may make them a member of the clinic. The charges they pay would probably even be seen extra like a cost for providers than a membership payment. In conclusion, there are three forms of advocacy organizations that would probably qualify for standing: pure reproductive rights organizations like NARAL (more than likely), hybrid teams like Deliberate Parenthood (pretty probably), and pure medical teams that carry out abortions however don’t interact in advocacy (least probably).

  1. Members with Standing to Sue in Their Personal Proper

            A litigant that qualifies as a company should then fulfill the three standards for associational standing. The primary of those standards requires that a group’s “members would otherwise have standing to sue in their own right.”[45] This factor merely requires a company to present that a few of its members would have standing to sue on their very own.[46] Though the Court docket doesn’t usually state this with readability, it has defined no less than as soon as that “[t]he association must allege that its members, or any one of them, are suffering immediate or threatened injury.”[47] The group could submit affidavits from its member(s) or submit different proof to present that its members are certainly struggling an harm.[48]

            This factor must be comparatively easy for a reproductive rights group to fulfill. The group would want to discover no less than one member (and ideally extra) in a given state who’s struggling some instant or threatened harm from a statute limiting entry to reproductive providers. For a regulation limiting abortion entry, this may probably be a lady who’s within the early phases of her being pregnant, is contemplating an abortion, and is dealing with some burden due to the regulation. A downside of this strategy is that, like in a person swimsuit, this member’s privateness might be threatened. In contrast to a swimsuit filed by a clinic with third-party standing, the member’s identify might seem on the court docket data or different public paperwork. Nonetheless, if the one choices are for a lady to sue individually or for a lady to submit one affidavit so a company could sue on her behalf, the latter appears to shield her privateness rather more successfully. The court docket might maintain the member’s identify personal and the possibilities of that data leaking out are in all probability decrease than in a pseudonymous swimsuit. Moreover, submitting an affidavit is much less onerous and time consuming than bringing a pseudonymous lawsuit. Thus, regardless that this feature is much less engaging than third-party standing, it’s nonetheless rather more interesting than requiring a lady to sue underneath a pseudonym.

  1. Pursuits That Are Germane to the Group’s Function

Organizations will more than likely give you the option to present that the pursuits at stake within the litigation are germane to their goal. The “germaneness” factor requires a shut relationship between the pursuits at stake and the aim of the group.[49] In Hunt, for instance, the company’s “purpose [was] protecting and enhancing the market for Washington apples”[50] and the challenged regulation would obliterate the market by making it practically unattainable to label Washington apples otherwise than apples from different states.[51] Because the company’s functions had been clearly germane to the pursuits at stake within the lawsuit, it simply happy this second factor. Equally, a company like NARAL or Deliberate Parenthood should not have any downside with the germaneness requirement. For instance, NARAL’s mission, which incorporates efforts to “organize and mobilize to protect . . . freedom by fighting for access to abortion care [and] birth control,”[52] is definitely germane to a swimsuit difficult a regulation allegedly limiting entry to abortion and contraception. Thus, this second factor must be straightforward for reproductive rights organizations to fulfill. 

  1. Requiring the Participation of Particular person Members within the Lawsuit

            Reproductive rights advocacy organizations are additionally probably ready to meet the ultimate standards from Hunt. This factor mandates that neither the reason for motion nor the proposed reduction require particular person members to take part within the swimsuit.[53] The primary half of this factor successfully bars organizations from bringing claims requiring an individualized evaluation of the harm. For instance, claims relating to the Free Train Clause could require a plaintiff “to show the coercive effect of the enactment as it operates against him in the practice of his religion.”[54] When a church argued that an abortion restriction violated the Free Train rights of its members, the Court docket declined to grant it associational standing as a result of its evaluation of the regulation’s harm to every member can be too individualized.[55] Given the variety of opinion about abortion throughout the church and the individualized methods by which the regulation could affect free train rights, the Court docket felt that particular person members had been higher positioned to deliver this declare.[56]

The second half of the factor capabilities in a related manner however applies to conditions the place the proposed reduction – as opposed to the declare – is just too individualized to grant to a company. Treatments like injunctions, declaratory judgments, and different types of potential reduction are broad and apply uniformly to all events; their advantages will due to this fact circulation evenly to the members of an organizations.[57] In the meantime, damages for issues like misplaced earnings or reliance expenditures are too fact-specific and particularized to award to a company on behalf of members.[58] Particular person members are higher positioned to sue for these kind of damages than a company.[59]

            Reproductive rights teams will in all probability fulfill this third factor. Relating to the primary half of this factor, courts have by no means handled claims underneath Roe and its progeny as requiring an individualized evaluation of the harm. As a substitute, these circumstances have a tendency to embody pages of details, statistics, and proof concerning the broad, normal advantages of a regulation and the burdens that the regulation imposes on basic reproductive rights.[60] The truth that clinics deliver these circumstances on behalf of broad teams of sufferers strengthens the truth that this basic proper doesn’t require particularized, particular proof of harm in the identical manner that the Free Train Clause requires. Certainly, since these claims have frequently been introduced by representatives through third-party standing, they’re significantly probably to fulfill this requirement. Relating to the second half of this factor, the treatment sought in circumstances difficult abortion restrictions will virtually at all times qualify for associational standing. Plaintiffs usually ask for injunctions in opposition to these legal guidelines, not to obtain individualized compensatory damages. Since the advantages of those potential treatments circulation to all members of a company and the declare doesn’t require a exhibiting of individualized hurt, reproductive rights organizations are well-positioned to fulfill the ultimate factor.

  1. Conclusion

            Abortion suppliers have had third-party standing to deliver claims on behalf of their sufferers for nearly 40 years. Nonetheless, due to inventive arguments by anti-choice advocates and a new Supreme Court docket composition, this exception to conventional standing doctrine might not be obtainable to suppliers in simply a few years. Modifications to standing guidelines won’t make the headlines in the identical manner that a Roe reversal would, however they will surely chip away on the basic rights of girls by making it more durable to problem restrictive anti-abortion legal guidelines. In any case, forcing girls to problem these legal guidelines as particular person plaintiffs places their private relationships and livelihood in danger; it additionally decreases the chance of back-end laws being challenged due to the motivation downside mentioned earlier. 

Associational standing gives one other avenue for organizations to problem restrictive anti-abortion statutes on behalf of the affected people. Though clinics themselves could not qualify for associational standing, main organizations like NARAL and Deliberate Parenthood probably have standing underneath this doctrine. The doctrine gives most of the similar advantages as third-party standing: related ranges of privateness, entry to the assets and data of a bigger group, and a resolution to the motivation downside arising in particular person fits. Thus, as third-party standing falls out of favor with the Court docket, associational standing could also be the easiest way for organizations to shield the elemental rights assured by Roe.

 


[1] See, e.g., Aaron Blake, Trump Makes Clear Roe v. Wade Is on the Chopping Block, THE WASHINGTON POST (July 2, 2018, 11:23 AM), https://www.washingtonpost.com/news/the-fix/wp/2018/07/02/trump-makes-cl… Sahil Kapur, Republicans Could Have a Actual Shot at Overturning Roe v. Wade. However Political Hazard Lurks., NBC NEWS (Oct. 5, 2020), https://www.nbcnews.com/politics/2020-election/republicans-may-have-real… Jessica Levinson, Trump’s Promise to Overturn Roe v. Wade Could Nonetheless Come True, MSNBC (Apr. 16, 2021, 3:08 PM), https://www.msnbc.com/opinion/trump-s-promise-overturn-roe-v-wade-may-st….

[2] See, e.g., Selina Ok. Hewitt, Observe, Hodgson v. Minnesota: Chipping Away at Roe v. Wade within the Aftermath of Webster, 18 PEPP. L. REV. 955 (1991); Jason Swindle, Chipping Away at Roe v. Wade, THE TIMES-NEWS (Mar. 17, 2020, 5:37 PM), https://www.valleytimes-news.com/2020/03/chipping-away-at-roe-v-wade.

[3] Mary Ziegler, The Query No One Is Asking Concerning the Supreme Court docket and Abortion, THE WASHINGTON POST (Mar. 5, 2020, 5:00 AM), https://www.washingtonpost.com/outlook/2020/03/05/question-no-one-is-ask….

[4] Robert Allen Sedler, Standing to Assert Constitutional Jus Tertii within the Supreme Court docket, 71 YALE L.J. 599, 599–600 (1962).

[5] Singleton v. Wulff, 428 U.S. 106, 119 (1976).

[6] Kowalski v. Tesmer, 543 U.S. 125, 130 (2004).

[7] June Med. Servs., 140 S. Ct. at 2165–71 (2020).

[8] Lydia Saad, People’ Abortion Views Regular in Previous 12 months, GALLUP (June 29, 2020), https://news.gallup.com/poll/313094/americans-abortion-views-steady-past….

[9] NATIONAL ABORTION FEDERATION, 2019 VIOLENCE AND DISRUPTION STATISTICS 2 (2019), https://5aa1b2xfmfh2e2mk03kk8rsx-wpengine.netdna-ssl.com/wp-content/uplo….

[10] Campbell v. Louisiana, 523 U.S. 392, 398 (1998). See additionally Temporary for Former Federal Judges and Division of Justice Officers as Amici Curiae Supporting Petitioners, June Med. Servs. L.L.C. v. Gee, 140 S. Ct. 2103 (2020) (Nos. 18-1323, 18-1460), 2019 WL 6524881.

[11] This creator didn’t discover any federal challenges to anti-abortion statutes discussing associational standing. There are a few state court docket circumstances granting associational standing to reproductive rights organizations, however they don’t focus on the difficulty in any depth. Since state courts aren’t sure by Article III standing necessities, the holding isn’t particularly related to plaintiff bringing a federal declare. See, e.g., Professional-Selection Mississippi v. Fordice, 716 So. second 645, 664 (Miss. 1998); New Mexico Proper to Select/NARAL v. Johnson, 1999-NMSC-005, ¶ 14, 126 N.M. 788, 975 P.second 841, 847.

[12] There’s not house right here to elaborate on Article III standing necessities. For a detailed dialogue of Article III standing, see Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61 (1992).

[13] Sedler, supra observe 4.

[14] Kowalski v. Tesmer, 543 U.S. 125, 130 (2004).

[15] See usually Singleton v. Wulff, 428 U.S. 106 (1976).

[16] June Med. Servs. L.L.C. v. Russo, 140 S. Ct. 2103, 2118 (2020).

[17] Brandon L. Winchel, Observe, The Double Commonplace for Third-Party Standing: June Medical and the Continuation of Disparate Standing Doctrine, 96 NOTRE DAME L. REV.421, 442–43 (2020) (citing Teresa Stanton Collett, Symposium: After 40+ Years It Is Clear Girls Can Communicate for Themselves, SCOTUSBLOG (Jan. 30, 2020, 10:10 AM), https://www.scotusblog.com/2020/01/symposium-after-40-years-it-is-clear-…). Though Collett makes use of the information to argue that abortion clinics are suing to shield their very own pursuits, the information no less than exhibits a widespread acceptance and utilization of third-party standing in lawsuits difficult abortion restrictions.

[18] See, e.g., June Med. Servs., 140 S. Ct. at 2166 (Alito, J., dissenting); Stephen J. Wallace, Observe, Why Third-Party Standing in Abortion Fits Deserves A Nearer Look, 84 NOTRE DAME L. REV. 1369 (2009); Winchel, supra observe 15; Collett, supra observe 15.

[19] June Med. Servs., 140 S. Ct. at 2165–71.

[20] Id. at 2166–68.

[21] Id. at 2166.

[22] Id.

[23] Id.

[24] Id.

[25]Id. at 2167–69.

[26] Id.

[27] Id. at 2168.

[28] Id. at 2168–69.

[29] Warth v. Seldin, 422 U.S. 490, 515 (1975).

[30] Int’l Union, United Auto., Aerospace & Agr. Implement Staff of Am. v. Brock, 477 U.S. 274, 275 (1986).

[31] Id. at 275–76.

[32] Hunt v. Washington State Apple Advert. Comm’n, 432 U.S. 333, 343 (1977).

[33]  Brock, 477 U.S. at 281–88 (making use of the three prongs from Hunt to decide whether or not a union has associational standing with out questioning whether or not that union qualifies as a company); Nat’l Motor Freight Site visitors Ass’n v. United States, 372 U.S. 246, 247 (1963) (simply discovering that an affiliation of motor carriers has standing to problem an Interstate Commerce Fee order on behalf of its members).

[34] See, e.g., Sierra Membership v. Morton, 405 U.S. 727, 738–40 (1972) (“It is clear that an organization whose members are injured may represent those members in a proceeding for judicial review . . . . The Sierra Club is a large and long-established organization.”); Nat’l Ass’n for Development of Coloured Folks v. Button, 371 U.S. 415, 431, (1963) (“The NAACP is not a conventional political party; but the litigation it assists, while serving to vindicate the legal rights of members of the American Negro community, at the same time and perhaps more importantly, makes possible the distinctive contribution of a minority group to the ideas and beliefs of our society. For such a group, association for litigation may be the most effective form of political association.”).

[35] Hunt, 432 U.S. at 341–46.

[36] Id. at 341.

[37] Id. at 344–45.

[38] Id. at 344.

[39] Id. at 344–45.

[40] Membership, SIERRA CLUB CAL., https://www.sierraclub.org/california/membership (final visited Apr. 22, 2021); New Membership, NAACP, https://www.naacp.org/membership (final visited Apr. 22, 2021); Membership, NARAL, https://www.prochoiceamerica.org/membership (final visited Apr. 22, 2021); Construct Energy with Us as an Particular person Member!, NAT’L NETWORK OF ABORTION FUNDS, https://abortionfunds.org/about/member (final visited Apr. 22, 2021).

[41] About Your Fund Membership Dues, NAT’L NETWORK OF ABORTION FUNDS, https://abortionfunds.org/about-fund-membership (final visited Apr. 18, 2021).

[42] Grow to be a Deliberate Parenthood Motion Fund Affiliate Member., PLANNED PARENTHOOD ACTION FUND, https://www.weareplannedparenthoodaction.org/onlineactions/ts7TmjRiLUSiT… (final visited Apr. 18, 2021).

[43] The Points We’re Preventing For, PLANNED PARENTHOOD ACTION FUND, https://www.plannedparenthoodaction.org/issues (final visited Apr. 18, 2021).

[44] Reproductive well being and rights are on the road — we’d like you., PLANNED PARENTHOOD ACTION FUND, https://www.weareplannedparenthoodaction.org/onlineactions/KDlEsm4r6EizP… (final visited Apr. 18, 2021).

[45] Hunt v. Washington State Apple Advert. Comm’n, 432 U.S. 333, 343 (1977).

[46] See, e.g., Int’l Union, United Auto., Aerospace & Agr. Implement Staff of Am. v. Brock, 477 U.S. 274, 286 (1986) (discovering that the primary factor was happy as a result of “at least some members of the UAW would have had standing to bring this suit in their own right”).

[47] Warth v. Seldin, 422 U.S. 490, 511 (1975) (emphasis added).

[48] Id. at 501–02.

[49] Hunt, 432 U.S. at 343.

[50] Id. at 344.

[51] Id. at 337–38.

[52] Who we’re, NARAL, https://www.prochoiceamerica.org/about (final visited Apr. 23, 2021).

[53] Id. at 343.

[54] Harris v. McRae, 448 U.S. 297, 321 (1980) (quoting Abington Faculty Dist. v. Schempp, 374 U.S. 203, 223 (1963)) (emphasis added).

[55] Id.

[56] Id.

[57] Warth v. Seldin, 422 U.S. 490, 515 (1975).

[58] Id. at 515–16.

[59] Id.

[60] See, e.g., Deliberate Parenthood of Se. Pennsylvania v. Casey, 505 U.S. 833, 888–91 (1992).

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