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NullTuples

(6,017 posts)
14. This court has weaponized who has standing
Sat Dec 3, 2022, 02:05 PM
Dec 2022

In class action suits, every single member must now meet the "real world harm" rules for the class to have standing.

In religious liberty cases however, "nominal damages" (ie minimal or none at all except to their pride) is satisfactory.

"Uzuegbunam and a fellow student, also an Evangelical Christian, argued that this prohibition violated their First Amendment rights. However, rather than fight for their previous policy, Gwinnett College simply relented. Uzuegbunam still wanted to move on with the case, however, and sought nominal damages for this violation, even though he is no longer a student, the policy has changed, and he suffered no financial harm. The district court dismissed the case, saying that nominal damages were not enough to move the case forward. The Supreme Court, in a notable 8-1 decision, reversed, holding that nominal damages were enough to provide the plaintiffs with standing."

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