Baird

MEMORANDUM **

In order to have standing at the summary judgment stage, plaintiffs must “set forth by affidavit or other evidence specific facts,” Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (quotation marks omitted), showing they have suffered an “injury in fact” that is fairly traceable to the action they seek to challenge. Friends of the Earth, Inc. v. Laidlaw, 528 U.S. 167, 180-81 , 120 S.Ct. 693 , 145 L.Ed.2d 610 *304 (2000); Clark v. City of Lakewood, 259 F.3d 996, 1006 (9th Cir.2001). Plaintiffs brought this action seeking to challenge the constitutionality of defendants’ implementation of California Government Code § 3584(a), providing an exemption to the payment of nonmember dues (“agency fees”) to those holding conscientious objections to supporting public employee organizations based on the beliefs of their “bona fide religion.” See Wilson v. NLRB, 920 F.2d 1282, 1285-87 (6th Cir. 1990). But defendants aver that they have never, and will never, implement the bona fide religion factor in their consideration of applications for religious exemption to agency fees requirements. The district court found that plaintiffs lacked…