FHA Rule An Analysis Analysis

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Analysing the FHA RuleIssueSenator Polk of Califoregan has filed suit against the FHA rule. The rule requires local communities benefiting from FHA loans to rebuild the racial composition of their local police forces to reflect the communities’ racial composition. Senator Polk has also filed suit against Congress’ decision to appropriate additional funds to the affected police forces to help them rebuild amidst huge resistance from opposing communities. The senator claims that both the FHA rule and the appropriation are beyond the scope of Congress and the executive branch’s authority. Victor Alvarez, a former lieutenant who lost his job to an African-American as a result of the rule, has also joined the suit. The issue is whether Senator Polk and Alvarez meet the legal criteria for standing under Article III.The RuleIn Lujan vs. Defenders of Wildlife, 504 US. 555 (1992)[footnoteRef:1], the Supreme Court developed a three-prong criteria for establishing standing under Article III in US federal courts. The three criteria are injury in fact, causation, and likelihood of redress.[footnoteRef:2] The plaintiff must prove that they meet all three criteria. Injury in fact requires the plaintiff to prove that they suffered a particularized and concrete injury that is imminent and not merely hypothetical or conjectural.[footnoteRef:3] Particularization implies that the plaintiff has a personal stake in the outcome of the case and has suffered an injury that is not shared by all citizens.[footnoteRef:4] Further, the injury suffered must be concrete, implying that it results from a violation of an interest – social, environmental, aesthetic, political, or economic – that is protected by statute or the constitution.[footnoteRef:5] [1: Lujan vs. Defenders of Wildlife, 504 US. 555 (1992)] [2: Legal Information Institute, “Standing Requirement: Overview,” last modified 2021, https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/standing-requirement-overview, para 5] [3: Ibid. ] [4: Ibid., para 6] [5: Ibid. ]The second criterion of article III standing, causation, requires the plaintiff to prove that the injury they suffered is a result of the defendant’s action.

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[footnoteRef:6] A plaintiff cannot, therefore, claim standing if the actions they challenge were committed by persons not party to the lawsuit. Finally, the third criterion for standing is the likelihood of redress, which means that the plaintiff would obtain an adequate…

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…[12: Hollingsworth vs. Perry 570 US, 693, 133 S.Ct.2652 (2013),] [13: Justia US Law, “Substantial Interest: Standing,” Last Modified 2023, https://law.justia.com/constitution/us/article-3/20-substantial-interest-standing.html, para 433]Based on Hollingsworth vs. Perry, Senator Polk had standing to challenge the FHA rule and appropriations on behalf of Califoregan. However, in this regard, he was acting in his individual capacity rather than as a state official since he did not provide evidence that the people he represented were aggrieved by the rule. Thus, Senator Polk lacked standing to challenge the rule on behalf of Califoregan citizens. A successful challenge requires the plaintiff to show proof of all three elements of injury, causality, and redressability.ConclusionAlvarez meets all three elements of standing under Article III – injury, causality, and redressability. Thus, the motion to dismiss filed against him will be defeated and the court will begin deliberating the merits of his case. On the other hand, Senator Polk does not meet the criteria for standing because although he represents the people of Califoregan, he is acting in an individual capacity in this suit. The motion to dismiss filed against him will….....

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