‘controversies.’”40 To satisfy the case-or-controversy requirement, a plaintiff must
establish that they have standing.41 Standing is a “threshold” issue.42 It is an
“irreducible constitutional minimum,” without which a federal court lacks
jurisdiction to rule on the merits of an action.43 Consequently, federal courts are
obligated to raise the issue of standing sua sponte.44
The plaintiff bears the burden of establishing standing.45 To demonstrate
standing, he must show: (1) an injury in fact, (2) that is fairly traceable to the
challenged conduct of the defendant, and (3) that is likely to be redressed by a
favorable judicial decision.46 “In assessing whether a plaintiff has carried this
burden, [courts must] separate [the] standing inquiry from any assessment of the
merits of the plaintiff’s claim.”47 “To maintain this fundamental separation
between standing and merits at the dismissal stage, [courts] assume for the
purposes of [the] standing inquiry that a plaintiff has stated valid legal claims.”48
“While [the Court’s] standing inquiry may necessarily reference the ‘nature and
40
41
42
43
44
45
46
47
48
Pa. Voters All. v. Centre Cnty., No. 4:20-CV-01761, 2020 WL 6158309, at *3 (M.D. Pa. Oct.
21, 2020) (quoting Cotrell v. Alcon Laboratories, 874 F.3d 154, 161-62 (3d Cir. 2017)).
Cotrell, 874 F.3d at 161-62.
Wayne Land & Mineral Grp., LLC v. Del. River Basin Comm’n, 959 F.3d 569, 573-74 (3d
Cir. 2020) (internal citations omitted).
Id. at 574 (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
Id. (quoting Seneca Reservation Corp. v. Twp. of Highland, 863 F.3d 245, 252 (3d Cir.
2017).
Cottrell, 874 F.3d at 162 (quoting Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016)).
Id. (quoting Spokeo, 136 S. Ct. at 1547).
Id.
Id. (citing Info. Handling Servs., Inc. v. Defense Automated Printing Servs., 338 F.3d 1024,
1029 (D.C. Cir. 2003)).
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