Litigation of counsel Martin Flumenbaum and partner Brad Karp’s latest Second Circuit Review column, “Associational Standing Under Section 1983 and the Mini En Banc: ‘Defending Education v. Croton-Harmon Union Free School District,’” appeared in the October 27 issue of the New York Law Journal. The authors discuss a Second Circuit decision overruling a more than 50-year-old precedent that barred organizations from bringing claims on their members’ behalf under U.S. Code Title 42, Section 1983.
The case arose from an advocacy group’s challenge targeting a school district’s anti-discrimination, harassment and bullying policies. In a unanimous opinion, the court held that associations may pursue Section 1983 claims in a representative capacity under the Supreme Court’s test for associational standing. The Second Circuit reached this result through its rarely used “mini en banc” procedure, concluding that its 1973 decision in Aguayo v. Richardson conflicted with subsequent Supreme Court authority and the law of every other federal circuit. The decision is expected to expand the ability of advocacy groups, trade associations and other organizations to pursue constitutional challenges to government action.
Litigation associate Eric Stern assisted in the preparation of this column.
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