context: The general rule that individual legislators lack standing to sue in their official capacity as congressman or senator follows from the requirement that an injury must be concrete and particularized. An apparent exception to the general rule against legislative standing arises when the legislators are suing on a vote-nullification theory and allege that if their votes had been given effect, those votes would have been sufficient to defeat or enact a specific legisla tive action.
citation_a.signal: see also
citation_a.identifier: 266 F.3d 408, 410
citation_a.parenthetical: holding that a Michigan House member and a Michigan state senator lacked standing to challenge gaming compacts that were approved by a concurrent-resolution procedure requiring only a majority of votes cast rather than by the ordinary legislative process that would have required a majority of the votes of all members in each house
citation_a.sentence: Coleman v. Miller, 307 U.S. 433, 438, 59 S.Ct. 972, 83 L.Ed. 1385 (1939) (holding that where forty-member Kansas State Senate had deadlocked twenty-to-twenty in voting on a proposed constitutional amendment, the twenty senators who had voted against the amendment had standing to challenge the constitutionality of the lieutenant governor’s tie-breaking vote in favor of the amendment, because the lieutenant governor’s vote effectively nullified the plaintiffs’ votes and the plaintiffs’ votes would have been sufficient to prevent ratification of the amendment); see also Baird v. Norton, 266 F.3d 408, 410 (6th Cir. 2001) (holding that a Michigan House member and a Michigan state senator lacked standing to challenge gaming compacts that were approved by a concurrent-resolution procedure requiring only a majority of votes cast rather than by the ordinary legislative process that would have required a majority of the votes of all members in each house).
citation_b.signal: no signal
citation_b.identifier: 307 U.S. 433, 438
citation_b.parenthetical: holding that where forty-member Kansas State Senate had deadlocked twenty-to-twenty in voting on a proposed constitutional amendment, the twenty senators who had voted against the amendment had standing to challenge the constitutionality of the lieutenant governor's tie-breaking vote in favor of the amendment, because the lieutenant governor's vote effectively nullified the plaintiffs' votes and the plaintiffs' votes would have been sufficient to prevent ratification of the amendment
citation_b.sentence: Coleman v. Miller, 307 U.S. 433, 438, 59 S.Ct. 972, 83 L.Ed. 1385 (1939) (holding that where forty-member Kansas State Senate had deadlocked twenty-to-twenty in voting on a proposed constitutional amendment, the twenty senators who had voted against the amendment had standing to challenge the constitutionality of the lieutenant governor’s tie-breaking vote in favor of the amendment, because the lieutenant governor’s vote effectively nullified the plaintiffs’ votes and the plaintiffs’ votes would have been sufficient to prevent ratification of the amendment); see also Baird v. Norton, 266 F.3d 408, 410 (6th Cir. 2001) (holding that a Michigan House member and a Michigan state senator lacked standing to challenge gaming compacts that were approved by a concurrent-resolution procedure requiring only a majority of votes cast rather than by the ordinary legislative process that would have required a majority of the votes of all members in each house).