Can a plaintiff assert the rights of absent third parties?

MultiRegion, United States of America

The following excerpt is from Isaacs v. U.S., 935 F.2d 274 (9th Cir. 1991):

There are two exceptions to the rule that a plaintiff cannot assert the rights of absent third parties. See Singleton v. Wulff, 428 U.S. 106, 114 (1976). First, a plaintiff can assert a third party's rights if the enjoyment of those rights is "inextricably bound up with the activity the litigant wishes to pursue," and if the plaintiff is as effective a proponent of the rights as the third party. Id. at 114-15. Second, a plaintiff may assert a third party's rights if there exists a "genuine obstacle" to such assertion by the third party, such as where assertion by the third party would result in nullification of the rights. Id. at 115-16.

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