Legal Opinion · Concurring in part, dissenting in part

Gregory v. Shurtleff

Utah Supreme Court

Decided March 19, 2013No. 20110277, 20110473Published

1Concurring in part, dissenting in partJustice Lee

€63 In the past several decades, this court's standing jurisprudence has strayed *1119further and further from its traditional mooring in the judicial power clause of the Utah Constitution. Thus, although we have long recognized a "traditional" conception of standing requiring individualized injuries sustaining private rights of action, our more recent decisions have exhibited increasing willingness to overlook that requirement under a "public interest" exception. That exception, as reconceived by the court today, stretches the principle of standing beyond recognition.

T 64 I respectfully dissent…

2Cases cited53 opinions

  1. Flast v. CohenSupreme Court of the United States · 1968
  2. Singleton v. WulffSupreme Court of the United States · 1976
  3. Raines v. ByrdSupreme Court of the United States · 1997
  4. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  5. Hein v. Freedom From Religion Foundation, Inc.Supreme Court of the United States · 2007

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