Opinion

Kowalski v. Tesmer

  • 543 U.S. 125
  • 125 S. Ct. 564
  • 160 L. Ed. 2d 519
  • 2004 U.S. LEXIS 8273
Court
Supreme Court of the United States
Filed
Dec 13, 2004
Status
Published
Author
Thomas
On the bench
Rehnquist, O'Con-Nor, Scalia, Kennedy, Thomas, Breyer, Ginsburg, Stevens, Souter
Cited by
650 cases
Authority
More cited than 24.3%

holding that “attorneys do not have third-party standing to assert the rights of *863 Michigan indigent defendants denied appellate counsel” and observing that third-party standing has been limited only to those circumstances where (1) the party seeking third-party standing “has a ‘close’ relationship with the person who possess the right;” and (2) “there is a ‘hinderance’ to the possessor’s ability to protect his own interests.”

How later courts described this case

  • holding that “attorneys do not have third-party standing to assert the rights of *863 Michigan indigent defendants denied appellate counsel” and observing that third-party standing has been limited only to those circumstances where (1) the party seeking third-party standing “has a ‘close’ relationship with the person who possess the right;” and (2) “there is a ‘hinderance’ to the possessor’s ability to protect his own interests.”
  • explaining that Triplett “falls within that class of cases where we have al- lowed standing to litigate the rights of third parties when enforcement of the challenged restriction against the liti- gant would result indirectly in the violation of third parties’ rights”
  • stating a party generally must assert his own legal rights and interests and cannot rest his claim to relief on the legal rights or interests of third parties, such that lawyers cannot assert “the claims of future unascertained clients”
  • recognizing that it is sometimes “necessary to grant a third party standing to assert the rights of another”

Written by the judges who cited it.

The opinion

Justice Thomas,

concurring.

That this case is even remotely close demonstrates that our third-party standing cases have gone far astray. We have granted third-party standing in a number of cases to litigants whose relationships with the directly affected individuals were at best remote. We have held, for instance, that beer vendors have standing to raise the rights of their prospective young male customers, see Craig v. Boren, 429 U. S. 190, 192-197 (1976); that criminal defendants have standing to raise the rights of jurors excluded from service, *135 see Powers v. Ohio, 499 U. S. 400, 410-416 (1991); that sellers of mail-order contraceptives" have standing to assert the rights of potential customers, see Carey v. Population Services Int’l, 431 U. S. 678, 682-684 (1977); that distributors of contraceptives to unmarried persons have standing to litigate the rights of the potential recipients, Eisenstadt v. Baird, 405 U. S. 438, 443-446 (1972); and that white sellers of land have standing to litigate the constitutional rights of potential black purchasers, see Barrows v. Jackson, 346 U. S. 249, 254-258 (1953). I agree with the Court that “[t]he attorneys before us do not have a ‘close relationship’ with their alleged ‘clients’; indeed, they have no relationship at all.” Ante, at 131. The Court of Appeals understandably could have thought otherwise, given how generously our precedents have awarded third-party standing.

It is doubtful whether a party who has no personal constitutional right at stake in a case should ever be allowed to litigate the constitutional rights of others. Before Truax v. Raich, 239 U. S. 33, 38-39 (1915), and Pierce v. Society of Sisters, 268 U. S. 510, 535-536 (1925), this Court adhered to the rule that “[a] court will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect and who has therefore no interest in defeating it.” Clark v. Kansas City, 176 U. S. 114, 118 (1900) (internal quotation marks omitted). * This made sense. Litigants who have no personal right at stake may have very different interests from the individuals whose rights they are raising. Moreover, absent a personal right, a litigant has no cause of action (or defense), and thus no right to relief. It may be too late in the day to return to this traditional view. But even assuming it makes sense to grant litigants *136 third-party standing in at least some cases, it is more doubtful still whether third-party standing should sweep as broadly as our cases have held that it does.

Because the Court’s opinion is a reasonable application of our precedents, I join it in full.

See also Tyler v. Judges of Court of Registration, 179 U. S. 405, 406-407 (1900); Davis & Farnum Mfg. Co. v. Los Angeles, 189 U. S. 207, 220 (1903); Owings v. Norwood’s Lessee, 5 Cranch 344, 348 (1809) (Marshall, C. J.); In re Wellington, 33 Mass. 87, 96 (1834) (Shaw, C. J.); Barrows v. Jackson, 346 U. S. 249, 264-266 , and n. 6 (1953) (Vinson, C. J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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