National Ass'n of Independent Insurers v. State

Ritter, J. (concurring in part and dissenting in part).

Unlike my colleagues, I do not believe the plaintiffs here have standing to raise a constitutional challenge on the theory that *205the statutory scheme they attack could hypothetically result in a double taxation upon claimants, who would be aggrieved by the refusal of a repair shop, or dealer, to accept a tax credit voucher. Thus, while I agree that the plaintiffs’ complaint should be dismissed, I would not reach or address their constitutional challenge.

Standing is an element of the larger concept of justiciability. The tests employed to…