The following excerpt is from Floyd v. City of N.Y., 770 F.3d 1051 (2nd Cir. 2014):
26 Cf. Hollingsworth v. Perry, U.S. , 133 S.Ct. 2652, 2668, 186 L.Ed.2d 768 (2013) (We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.).