William J. Brennan, Jr.

Name: Barlow v. Collins — Dissent
Author: William J. Brennan, Jr.

Summary

“Barlow v. Collins — Dissent”, is a work by William J. Brennan, Jr.. It explores elements such as plaintiff, standing and reviewability.

Quotes from Barlow v. Collins — Dissent (William J. Brennan, Jr.)

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ More fundamentally, an approach that treats separately the distinct issues of standing, reviewability, and the merits, and decides each on the basis of its own criteria, assures that these often complex questions will be squarely faced, thus contributing to better reasoned decisions and to greater confidence that justice has in fact been done. The Court's approach does too little to guard against the possibility that judges will use standing to slam the courthouse door against plaintiffs who are entitled to full consideration of their claims on the merits. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ The formulation of the inquiry most certainly bears a disquieting similarity to the erroneous notion that a plaintiff has no standing unless he can establish the existence of a legally protected interest. Finally, assuming that the inquiry does not, in fact, focus on the merits, then surely it serves only to determine whether the challenged agency action is reviewable at the instance of the plaintiff in cases where there is no express statutory grant of review to members of his class. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ When the legality of administrative action is at issue, standing alone will not entitle the plaintiff to a decision on the merits. Pertinent statutory language, legislative history, and public policy considerations must be examined to determine whether Congress precluded all judicial review, and, if not, whether Congress nevertheless foreclosed review to the class to which the plaintiff belongs. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ But in most instances, among them private challenges to agency action, the plaintiff must establish his adverseness to obtain standing.↑ Thus, for purposes of standing, it is sufficient that a plaintiff allege damnum absque injuria, that is, he has only to allege that he has suffered harm as a result of the defendant's action. Injury in fact has generally been economic in nature, but it need not be. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ The Court's approach must trouble all concerned with the function of the judicial process in today's world. As my Brother Douglas has said: 'The judiciary is an indispensable part of the operation of our federal system. With the growing complexities of government it is often the one and only place where effective relief can be obtained. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ In light of Flast, standing exists when the plaintiff alleges, as the plaintiffs in each of these cases alleged, that the challenged action has caused him injury in fact, economic or otherwise. [5] He thus shows that he has the requisite 'personal stake in the outcome' of his suit. Baker v. Carr, supra, 369 U.S. at 204, 82 S.Ct. at 703, 7 L.Ed.2d 663. We may reasonably expect that a person so harmed will, as best he can, frame the relevant questions with specificity, contest the issues with the necessary adverseness, and pursue the litigation vigorously. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ In light of Abbott Laboratories, slight indicia that the plaintiff's class is a beneficiary will suffice to support the inference. [9]
If it is determined that a plaintiff who alleged injury in fact is entitled to judicial review, inquiry proceeds to the merits-to whether the specific legal interest claimed by the plaintiff is protected by the statute and to whether the protested agency action invaded that interest. ”

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Source: Wikisource

William J. Brennan, Jr., Barlow v. Collins — Dissent

“ It is clear that petitioners, as competitiors of national banks that are engaging in data processing services, are within that class of 'aggrieved' persons who, under § 702, are entitled to judicial review of 'agency action. ”

William J. Brennan, Jr.

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