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Analysing the FHA Rule
Issue
Senator Polk of Califoregan has filed suit against the FHA rule. The rule requires local communities benefiting from FHA loans to rebuild the racial composition of their local police forces to reflect the communities racial composition. Senator Polk has also filed suit against Congress decision to appropriate additional funds to the affected police forces to help them rebuild amidst huge resistance from opposing communities. The senator claims that both the FHA rule and the appropriation are beyond the scope of Congress and the executive branchs authority. Victor Alvarez, a former lieutenant who lost his job to an African-American as a result of the rule, has also joined the suit. The issue is whether Senator Polk and Alvarez meet the legal criteria for standing under Article III.
The Rule
In Lujan vs. Defenders of Wildlife, 504 US. 555 (1992)[footnoteRef:1], the Supreme Court developed a three-prong criteria for establishing standing under Article III in US federal courts. The three criteria are injury in fact, causation, and likelihood of redress.[footnoteRef:2] The plaintiff must prove that they meet all three criteria. Injury in fact requires the plaintiff to prove that they suffered a particularized and concrete injury that is imminent and not merely hypothetical or conjectural.[footnoteRef:3] Particularization implies that the plaintiff has a personal stake in the outcome of the case and has suffered an injury that is not shared by all citizens.[footnoteRef:4] Further, the injury suffered must be concrete, implying that it results from a violation of an interest social, environmental, aesthetic, political, or economic that is protected by statute or the constitution.[footnoteRef:5] [1: Lujan vs. Defenders of Wildlife, 504 US. 555 (1992)] [2: Legal Information Institute, Standing Requirement: Overview, last modified 2021, https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/standing-requirement-overview, para 5] [3: Ibid. ] [4: Ibid., para 6] [5: Ibid. ]
The second criterion of article III standing, causation, requires the plaintiff to prove that the injury they suffered is a result of the defendants action.[footnoteRef:6] A plaintiff cannot, therefore, claim standing if the actions they challenge were committed by persons not party to the lawsuit. Finally, the third criterion for standing is the likelihood of redress, which means that...…capacity rather than as state officials. [12: Hollingsworth vs. Perry 570 US, 693, 133 S.Ct.2652 (2013),] [13: Justia US Law, Substantial Interest: Standing, Last Modified 2023, https://law.justia.com/constitution/us/article-3/20-substantial-interest-standing.html, para 433]
Based on Hollingsworth vs. Perry, Senator Polk had standing to challenge the FHA rule and appropriations on behalf of Califoregan. However, in this regard, he was acting in his individual capacity rather than as a state official since he did not provide evidence that the people he represented were aggrieved by the rule. Thus, Senator Polk lacked standing to challenge the rule on behalf of Califoregan citizens. A successful challenge requires the plaintiff to show proof of all three elements of injury, causality, and redressability.
Conclusion
Alvarez meets all three elements of standing under Article III injury, causality, and redressability. Thus, the motion to dismiss filed against him will be defeated and the court will begin deliberating the merits of his case. On the other hand, Senator Polk does not meet the criteria for standing because although he represents the people of Califoregan, he is acting in an individual capacity in this suit. The motion…
Bibliography
Justia US Law, “Substantial Interest: Standing,” Last Modified 2023, https://law.justia.com/constitution/us/article-3/20-substantial-interest-standing.html.
Legal Information Institute. “Standing Requirement: Overview.” Last modified 2021. https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/standing-requirement-overview
United States Congress. “Article III, Section 2, Clause 1.” Last modified 2023. https://constitution.congress.gov/browse/essay/artIII-S2-C1-6-1/ALDE_00012992/#ALDF_00016941.
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The open communication and team objectives will make the COA team realize high energy, renewed commitment to the change process, and openness. In this stage, the FHA team has adopted the change, and requires leadership to sustain the drive. At this stage, an effective leadership style to maintain the drive to change is the management by objectives (Bridges & Bridges, 2009). This leadership style drives people to connect to
After all, it was only a few generations ago that the FHA was discriminating against black applicants. Schools are still highly segregated. Race in many ways determines access to social and cultural capital, as well as financial capital. Throughout successive generations, it has been difficult if not downright impossible for the sons and daughters of non-white individuals to achieve social and economic parity with whites. The government could do