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Article: Stigmatic harm and standing.
- Article from:
- Iowa Law Review
- Article date:
- February 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 University of Iowa. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT: If the government violates the law in a way that stigmatizes a particular group, does a member of that group have standing to challenge the violation in federal court? In the well-known case of Allen v. Wright, the Supreme Court said no. According to the Court, stigmatic harm is too abstract and generalized to support standing in most cases. To permit standing on the basis of stigmatic harm alone, the Court stated, would "transform the federal courts into no more than a vehicle for the vindication of the value interests of concerned bystanders."
This Article revisits that decision. It begins by explaining that, despite Allen, the Court has never ...