ext_224831 ([identity profile] cerebralpaladin.livejournal.com) wrote in [personal profile] orichalcum 2009-03-03 08:40 pm (UTC)

You may not be using standing in the technical sense, but establishing standing should not be very difficult. A suit by a custodial parent along with a child who attends the relevant school would fairly clearly meet the test for standing. A suit by a taxpayer within the relevant school district might also have standing, but why borrow trouble when you can get clear standing with a different set of plaintiffs?

It is kinda weird, though-- getting these struck down would be like shooting fish in a barrel, even in the Fifth Circuit, and attorneys' fees would be available. In light of that, it's surprising nobody has sued (although the social consequences of doing so might be severe.)

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