Our fourth post explained that providers and advocates will have to raise their constituti...

The Procedural Puzzles of SB8, Part V: Standing in State-Court Litigation – Reason

Our fourth post explained that providers and advocates will have to raise their constitutional challenges to SB8 in a defensive posture in state court after being sued by a claimant for violating SB8. But before addressing defensive federal constitutional provisions, a preliminary state-law matter should be considered: standing for an SB8 claim. An SB8 "any person" claimant, as discussed in our last post, will not have standing in federal court. But state courts may develop unique standing doctrines outside the "case or controversy" limits of Article III. Although the Texas Supreme Court often states that it follows the more extensive …

 

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