Overview[]
The case or controversy requirement of Article III, Section 2 of the U.S. Constitution, which constitutes “the irreducible constitutional minimum of standing,”[1] requires that a plaintiff show:
“ | (1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.[2] | ” |
The party asserting federal jurisdiction bears the burden of establishing these requirements at every stage of the litigation, as it does for “any other essential element of the case.”[3]
On appeal from a motion to dismiss, a plaintiff need only show that the facts alleged, if proven, would confer standing.[4]