George v. Hansen v. The National Commission on the Observance of International Women's Year, Defendants-Respondents

Good Law
628 F.2d 533·1980 U.S. App. LEXIS 13962
United States Court of Appeals for the Ninth CircuitSeptember 18, 198078-2210California511 words

Opinion

Opinion

Williams, J.

Appellant, a member of Congress, appeals the dismissal of his suit which seeks to enjoin the National Commission on the Observance of International Women’s Year (“Commission”) from spending federal funds for allegedly prohibited lobbying activities.

The controlling issue is whether plaintiff has standing to sue. The district court found that he does not, and we agree.

Appellant claims that by virtue of his membership in Congress he has a direct interest in having monies appropriated by the Congress used for no other purpose than those authorized by law and that this entitles him to seek a judicial enforcement of the will of that body.

The controlling case law, however, is to the contrary. • Since there are no special standards for determining Congressional standing questions the appellant must meet the requirements of standing set forth by the United States Supreme Court. Harrington v. Bush, 553 F.2d 190, 204 (D.C.Cir.1977). That Court has held that a plaintiff must show more than just a generalized grievance of harm; that a direct personal injury must be shown. Sierra Club v. Morton, 405 U.S. 727, 740 , 92 S.Ct. 1361, 1368 , 31 L.Ed.2d 636 (1972); Schlesinger v. Reservists to…

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