Marshall v. Meadows, 105 F.3d 904 (4th Cir. 1997). · Go Syfert
Marshall v. Meadows, 105 F.3d 904 (4th Cir. 1997). Cases Citing This Book View Copy Cite
“we need not decide whether the plaintiffs satisfied the injury component of the standing analysis because it is unquestionably clear that the plaintiffs failed to satisfy the latter two components, causation and redressability.”
106 citation events (91 in the last 25 years) across 13 distinct courts.
Strongest positive: Brian Ames v. Frank LaRose (ca6, 2023-11-20)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Brian Ames v. Frank LaRose (2×) also: Cited as authority (rule)
6th Cir. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we need not decide whether the plaintiffs satisfied the injury component of the standing analysis because it is unquestionably clear that the plaintiffs failed to satisfy the latter two components, causation and redressability.
examined Cited as authority (verbatim quote) 24th Senatorial District Republican Committee v. Alcorn (4×) also: Cited as authority (rule)
4th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
because the alleged injury is caused by a voluntary choice made by the virginia republican party and not the open primary law, the plaintiffs have not established causation.
cited Cited as authority (rule) 5th Congressional District Republican Committee et al v. John O’Bannon et al
W.D. Va. · 2025 · confidence medium
Republican Cmty. v. Alcorn, 820 F.3d 624 , 632–33 (4th Cir. 2016) (quoting Marshall v. Meadows, 105 F. 3d 904, 906 (4th Cir. 1997)).
discussed Cited as authority (rule) Solange v. M&T Bank
D. Maryland · 2024 · confidence medium
To establish standing, a plaintiff “must demonstrate: (1) [they have] suffered an actual or threatened injury; (2) a causal connection between the injury complained of and the challenged action; and (3) [that] the injury can be redressed by a favorable decision.” Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (internal citations omitted).
cited Cited as authority (rule) Morris v. CrossCountry Mortgage, LLC
E.D.N.C. · 2023 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
cited Cited as authority (rule) Morris v. CrossCountry Mortgage, LLC
E.D.N.C. · 2023 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
discussed Cited as authority (rule) Grenadier v. McCabe
W.D. Va. · 2023 · confidence medium
“The party invoking the jurisdiction of a federal tribunal bears the burden of establishing standing.” Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231 (1990)).
cited Cited as authority (rule) Irving v. The City of Raleigh
E.D.N.C. · 2022 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
cited Cited as authority (rule) Lowe v. Brink
E.D. Va. · 2022 · confidence medium
Marshall, 105 F.3d at 906.
cited Cited as authority (rule) Celauro v. Federal Express Ground
D. Colo. · 2021 · confidence medium
Va. 2015) (citing Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997)).
discussed Cited as authority (rule) Soda v. U.S. Office of Personnel Management
D. Maryland · 2021 · confidence medium
See Clapper v. Amnesty Int’l USA, 568 U.S. 398 , 412-— 13 (2013) (holding there was no standing where the alleged injury could occur regardless of the . government actions challenged by plaintiffs, and therefore was not fairly traceable to those actions); Marshall v. Meadows, 105 F.3d 904, 906-07 (4th Cir. 1997) (finding no standing where a superseding cause was responsible for plaintiffs’ injury). - €.
cited Cited as authority (rule) Lee v. Argent Trust Company
E.D.N.C. · 2019 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
discussed Cited as authority (rule) Fitzgerald v. Alcorn (2×) also: Cited "see"
W.D. Va. · 2018 · confidence medium
The Marshall court determined that the "Party has made its choice to conduct a party primary in the manner it desires and there is no reason for us to interfere with that voluntary decision." 105 F.3d at 906-7 (relying on Democratic Party of U.S. v. Wis. ex rel.
discussed Cited as authority (rule) Allen v. Cooper
E.D.N.C. · 2017 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992)).
discussed Cited as authority (rule) National Council for Adoption v. Jewell (2×) also: Cited "see"
E.D. Va. · 2015 · confidence medium
The voluntary decision by a private adoption agency to abide by the 2015 Guidelines does not give rise to injury (Doc. 48, 16) (citing to Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited as authority (rule) Greenville County Republican Party Executive Committee v. Greenville County Election Commission (2×)
4th Cir. · 2015 · confidence medium
Relying on our decision in Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997), the district court determined that the open primary system was not traceable to the Committee’s alleged freedom of association injury.
cited Cited as authority (rule) Does 1-5 v. Cooper
M.D.N.C. · 2014 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905 (4th Cir.1997).
cited Cited as authority (rule) Hassan Swann v. Secretary, State of Georgia
11th Cir. · 2012 · confidence medium
See, e.g., Donahue v. City of Boston, 371 F.3d 7, 14 (1st Cir. 2004); Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir. 1997); Howard v. N.J.
discussed Cited as authority (rule) Noble Security, Inc. v. MIZ Engineering, Ltd.
E.D. Va. · 2009 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997) (citing Allen v. Wright, 468 U.S. 737, 751 , 104 S.Ct. 3315 , 82 L.Ed.2d 556 (1984) for proposition that standing is a necessary core component of subject matter jurisdiction). 24 .
cited Cited as authority (rule) South Carolina Wildlife Federation v. Limehouse
4th Cir. · 2008 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
cited Cited as authority (rule) DirecTV, Inc. v. Tolson
E.D.N.C. · 2007 · confidence medium
Motors Acceptance Corp., 298 U.S. 178, 189 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936); Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
cited Cited as authority (rule) Atlantigas Corp. v. Columbia Gas Transmission Corp.
4th Cir. · 2006 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited as authority (rule) Miller v. Brown (2×)
4th Cir. · 2006 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited as authority (rule) Miller v. Brown (2×)
4th Cir. · 2006 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
cited Cited as authority (rule) Retail Industry Leaders Ass'n v. Fielder
D. Maryland · 2006 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited as authority (rule) Miller v. Brown (2×) also: Cited "see"
E.D. Va. · 2005 · confidence medium
“In other words, if a political party’s choice of an ‘open’ primary is a lawful and voluntary one, the decision of the party is the cause of the alleged ‘forced’ association, not the state law requiring the ‘open’ primary.” Marshall, 105 F.3d at 906 (internal citations omitted); see also Marchioro v. Chaney, 442 U.S. 191, 199 , 99 S.Ct. 2243, 2248 , 60 L.Ed.2d 816 (1979). *802 Like the Fourth Circuit in Marshall, this Court questions whether the injury claimed by Plaintiffs stems from the statute at issue or the decision of Senator Martin to be nominated by an open and public…
discussed Cited as authority (rule) Krasner Enterprises, Ltd. v. Montgomery County, Maryland
4th Cir. · 2005 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-06 (1997). 13 The Supreme Court has held that two strands of standing exist: Article III standing, which enforces the Constitution's case or controversy requirement, and "prudential" standing, which embodies "judicially self-imposed limits on the exercise of federal jurisdiction." Elk Grove Unified Sch.
cited Cited as authority (rule) Frank Krasner Enterprises, Ltd. v. Montgomery County
4th Cir. · 2005 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-06 (1997).
cited Cited as authority (rule) Dash v. FIRSTPLUS HOME LOAN TRUST 1996-2
M.D.N.C. · 2003 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-05 (4th Cir.1997).
discussed Cited as authority (rule) Miller v. Jeffers
4th Cir. · 2002 · confidence medium
“The doctrine of standing has always been an essential component of [the] case or controversy requirement of federal jurisdiction,” Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997), and is assessed as of the filing of the complaint, see Friends of the Earth, Inc. v. Laidlaw Envtl.
cited Cited as authority (rule) Miller v. Pacific Shore Funding
D. Maryland · 2002 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited as authority (rule) Russ Pye v. United States
4th Cir. · 2001 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir. 1997).
cited Cited as authority (rule) Pye v. United States
4th Cir. · 2001 · confidence medium
Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited as authority (rule) Friends of the Earth v. Laidlaw Environ Ser
4th Cir. · 2000 · confidence medium
"The doctrine of standing has always been an essential component of [the] case or controversy requirement of federal jurisdiction." Marshall v. Meadows , 105 F.3d 904, 906 (4th Cir. 1997).
cited Cited as authority (rule) Virginia Society for Human Life, Inc. v. Federal Election Commission
E.D. Va. · 2000 · confidence medium
See U.S. Const.ART.III; Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992); Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
cited Cited as authority (rule) Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.
4th Cir. · 1998 · confidence medium
“The doctrine of standing has always been an essential component of [the] ease or controversy requirement of federal jurisdiction.” Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
cited Cited as authority (rule) Friends of the Earth, Incorporated Citizens Local Environmental Action Network, Incorporated Sierra Club v. Laidlaw Environmental Services (Toc), Incorporated, South Carolina Chamber of Commerce Environmental Management Association of South Carolina South Carolina Manufacturers Alliance California Public Interest Research Group Florida Public Interest Research Group Illinois Public Interest Research Group Massachusetts Public Interest Research Group Public Interest Research Group in Michigan Public Interest Research Group of New Jersey Ohio Public Interest Research Group Oregon State Public Interest Research Group Washington Public Interest Research Group United States of America South Carolina Department of Health and Environmental Control, Amici Curiae. Friends of the Earth, Incorporated Citizens Local Environmental Action Network, Incorporated Sierra Club v. Laidlaw Environmental Services (Toc), Incorporated, South Carolina Chamber of Commerce Environmental Management Association of South Carolina South Carolina Manufacturers Alliance California Public Interest Research Group Florida Public Interest Research Group Illinois Public Interest Research Group Massachusetts Public Interest Research Group Public Interest Research Group in Michigan Public Interest Research Group of New Jersey Ohio Public Interest Research Group Oregon State Public Interest Research Group Washington Public Interest Research Group United States of America South Carolina Department of Health and Environmental Control, Amici Curiae
4th Cir. · 1998 · confidence medium
"The doctrine of standing has always been an essential component of [the] case or controversy requirement of federal jurisdiction." Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited as authority (rule) Schurr v. Resorts International Hotel, Inc.
D.N.J. · 1998 · confidence medium
See, e.g., Simon, 426 U.S. at 41-43 , 96 S.Ct. 1917 (holding that plaintiffs did not have standing to challenge Internal Revenue Service ruling as to how hospitals could treat services rendered to plaintiffs because hospitals’ decision to render service to plaintiff could not be traced to IRS ruling); Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997) (injury stemmed not from state law, but from independent actions of state political party); Davis v. City, County of San Francisco, 1 F.3d 1246 , 1993 WL 268452 , *6 n. 4 (9th Cir.1993) (plaintiffs had no standing because they were not barre…
cited Cited "see" Henley v. City of Charlottesville
W.D. Va. · 2022 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905 (4th Cir. 1997).
cited Cited "see" Real Truth About Obama, Inc. v. Federal Election Commission
E.D. Va. · 2011 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997).
discussed Cited "see" Mohammed v. Holder
E.D. Va. · 2010 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997) (“One of the bulwark principles of constitutional law is the ‘cases’ or ‘controversies’ requirement for justiciability referred to in Article III.”).
discussed Cited "see" Sigram Schindler Beteiligungsgesellschaft MBH v. Kappos
E.D. Va. · 2009 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997) ("One of the bulwark principles of constitutional law is the 'cases’ or ‘controversies’ requirement for justiciability referred to in Article III.”). 17 .
cited Cited "see" United States v. Jones
4th Cir. · 2006 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited "see" Lux v. White
4th Cir. · 2004 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited "see" United States v. Susan Houchins, United States of America v. Kenneth Wayne Haley
4th Cir. · 2004 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited "see" Bord v. Banco De Chile
E.D. Va. · 2002 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 906 (4th Cir.1997); Piney Run Preservation Association v. County Commissioners of Carroll County, Maryland, 268 F.3d 255, 263 (4th Cir.2001).
discussed Cited "see" The Piney Run Preservation Association v. County Commissioners of Carroll County, Maryland, Association of Metropolitan Sewerage Agencies Water Environment Federation Maryland Association of Municipal Wastewater Agencies, Incorporated Virginia Association of Municipal Wastewater Agencies, Incorporated West Virginia Municipal Water Quality Association, Incorporated American Chemistry Council American Forest and Paper Association Chamber of Commerce of the United States of America General Electric Company National Association of Manufacturers Utility Water Act Group Virginia Manufacturers Association m.a.d.e.in Maryland Alliance of Automobile Manufacturers American Iron and Steel Institute American Petroleum Institute Environmental Federation of Oklahoma Michigan Manufacturers Associations Mississippi Manufacturers Association National Petrochemical and Refiners Association Nuclear Energy Institute Western States Petroleum Association, Amici Curiae. The Piney Run Preservation Association v. County Commissioners of Carroll County, Maryland, Association of Metropolitan Sewerage Agencies Water Environment Federation Maryland Association of Municipal Wastewater Agencies, Incorporated Virginia Association of Municipal Wastewater Agencies, Incorporated West Virginia Municipal Water Quality Association, Incorporated American Chemistry Council American Forest and Paper Association Chamber of Commerce of the United States of America General Electric Company National Association of Manufacturers Utility Water Act Group Virginia Manufacturers Association m.a.d.e.in Maryland Alliance of Automobile Manufacturers American Iron and Steel Institute American Petroleum Institute Environmental Federation of Oklahoma Michigan Manufacturers Associations Mississippi Manufacturers Association National Petrochemical and Refiners Association Nuclear Energy Institute Western States Petroleum Association, Amici Curiae
4th Cir. · 2001 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir. 1997). 8 Association, as the representative of its members who have been harmed, possesses standing to sue if it can show: (1) at least one member would otherwise have individual standing, (2) the interests at stake in the litigation are germane to the organization's purpose, and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.
cited Cited "see" Piney Run Preservation Ass'n v. County Commissioners of Carroll County
4th Cir. · 2001 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
cited Cited "see" Virginia Society for Human Life, Incorporated v. Federal Election Commission, Virginia Society for Human Life, Incorporated v. Federal Election Commission
4th Cir. · 2001 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir. 1997).
cited Cited "see" Virginia Society for Human Life, Inc. v. Federal Election Commission
4th Cir. · 2001 · signal: see · confidence high
See Marshall v. Meadows, 105 F.3d 904, 905-06 (4th Cir.1997).
Retrieving the full opinion text from the archive…
Robert G. Marshall Patrick M. McSweeney
v.
M. Bruce Meadows, Individually and in His Official Capacity as Secretary and a Member of the State Board of Elections Pamela L. Clark, Individually and in Her Official Capacity as a Member of the State Board of Elections George M. Hampton, Sr., Individually and in His Official Capacity as a Member of the State Board of Elections, and John Warner, Senator, Intervenor-Appellee
96-1685.
Court of Appeals for the Fourth Circuit.
Jan 24, 1997.
105 F.3d 904
Cited by 14 opinions  |  Published
Pinpoint authority: bottom 53%

105 F.3d 904

Robert G. MARSHALL; Patrick M. McSweeney, Plaintiffs-Appellants,
v.
M. Bruce MEADOWS, Individually and in his official capacity
as Secretary and a member of the State Board of Elections;
Pamela L. Clark, Individually and in her official capacity
as a member of the State Board of Elections; George M.
Hampton, Sr., Individually and in his official capacity as a
member of the State Board of Elections, Defendants-Appellees,
and
John Warner, Senator, Intervenor-Appellee.

No. 96-1685.

United States Court of Appeals,
Fourth Circuit.

Argued Dec. 2, 1996.
Decided Jan. 24, 1997.

ARGUED: Daniel A. Carrell, Carrell & Rice, Richmond, Virginia, for Appellants. James Walter Hopper, Office of the Attorney General of Virginia, Richmond, Virginia; Robert Hewitt Pate, III, Richmond, Virginia, for Appellees. ON BRIEF: Robert C. Rice, Carrell & Rice, Richmond, Virginia, for Appellants. James S. Gilmore, III, Attorney General of Virginia, A. Ann Berkebile, Office of the Attorney General of Virginia, Richmond, Virginia; Lewis F. Powell, III, Sarah C. Johnson, Richmond, Virginia, for Appellees.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.OPINION

HAMILTON, Circuit Judge:

[*~904]1

Robert G. Marshall and Patrick M. McSweeney (the plaintiffs) appeal the district court's dismissal of their complaint for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b)(1). We conclude the district court correctly dismissed the plaintiffs' complaint, and accordingly, we dismiss the appeal.

I.

2

On February 21, 1995, incumbent United States Senator John Warner announced that he would seek the Virginia Republican Party's nomination for another Senate term. Pursuant to Va.Code Ann. § 24.2-509(B) (1993), Senator Warner opted for a primary election as the means for choosing the Virginia Republican Party's nominee.[1] Because Virginia law opens primary voting to all individuals qualified to vote, see Va.Code Ann. § 24.2-530, the effect of Senator Warner's decision was to allow non-Republicans the opportunity, along with Republicans, to have a hand in deciding who would be the Republican candidate in Virginia's 1996 United States Senate race.[2]

3

On December 9, 1995, almost a year after Senator Warner's announcement, the Central Committee of the Republican Party of Virginia (the Republican Central Committee), through a resolution, officially adopted a primary as the means for determining the Republican candidate for Virginia's 1996 United States Senate race. In adopting the primary election approach, the Republican Central Committee gave no indication that it chose a primary pursuant to the dictates of the Incumbent Protection Act. Nor did the Republican Central Committee, as a body, ever state that it would have chosen a "closed" primary (one in which only registered members of the Virginia Republican Party could vote) if it could have done so pursuant to Virginia law. In fact, also on December 9, 1995, the Republican Central Committee rejected an amendment to its Virginia Republican Party Plan that would have expressed a preference for a convention had Virginia law not provided for a primary through the Incumbent Protection Act.

4

After the Republican Central Committee's December 9, 1995 resolution, but prior to the holding of the actual primary on June 11, 1996, Robert Marshall, a Republican representing Virginia's 13th House of Delegates District, and Patrick McSweeney, the former Chairman of the Virginia Republican Party,[3] filed this suit against M. Bruce Meadows, Pamela L. Clark, and George M. Hampton, Sr. (collectively the defendants), personally and in their official capacities as members of the Virginia Board of Elections. The plaintiffs' suit, brought pursuant to 42 U.S.C. § 1983 (1995), alleged that the defendants' actions in enforcing Virginia's Open Primary Law violated their First Amendment rights to free speech and freedom of association. The district court granted intervenor status to Senator Warner on April 16, 1996. See Fed.R.Civ.P. 24.

5

The defendants filed a motion to dismiss the suit for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b)(1). Concluding that the plaintiffs lacked standing to bring the suit, the district court dismissed the plaintiffs' complaint.[4] The plaintiffs timely appealed.

II.

6

The plaintiffs argue the district court erred when it concluded they lacked standing to bring this suit. We disagree. We review the district court's dismissal of the suit for lack of standing de novo. See Ahmed v. United States, 30 F.3d 514, 516 (4th Cir.1994) (subject matter jurisdiction rulings reviewed de novo ).

[*~905]7

One of the bulwark principles of constitutional law is the "cases" or "controversies" requirement for justiciability referred to in Article III. U.S. Const. Art. III, § 2, cl. 1; Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 1723, 109 L.Ed.2d 135 (1990). The doctrine of standing has always been an essential component of this case or controversy requirement of federal jurisdiction. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992); see Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324-25, 82 L.Ed.2d 556 (1984) (standing a necessary core component of subject matter jurisdiction).

8

There are three basic components of standing: injury, causation, and redressability. In order to have standing in federal court, a federal complainant must demonstrate: (1) he has suffered an actual or threatened injury, Valley Forge Christian College v. Americans United for Separation of Church & State, 454 U.S. 464, 472, 102 S.Ct. 752, 758-59, 70 L.Ed.2d 700 (1982); (2) a causal connection between the injury complained of and the challenged action, Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 41-42, 96 S.Ct. 1917, 1925-26, 48 L.Ed.2d 450 (1976); and (3) the injury can be redressed by a favorable decision, id. at 38, 43, 96 S.Ct. at 1924, 1926-27; see also Lujan, 504 U.S. at 560, 112 S.Ct. at 2136 (must be likely, as opposed to speculative, that court's decision will redress injury). The party invoking the jurisdiction of a federal tribunal bears the burden of establishing standing. FW/PBS, Inc. v. Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 607-08, 107 L.Ed.2d 603 (1990).

[*906]9

We need not decide whether the plaintiffs satisfied the injury component of the standing analysis[5] because it is unquestionably clear that the plaintiffs failed to satisfy the latter two components, causation and redressability. In order to establish causation, the plaintiffs must prove that their injury "fairly can be traced to the challenged action." Simon, 426 U.S. at 38, 96 S.Ct. at 1924. Here, the challenged action is the Open Primary Law. However, it is not the Open Primary Law that is the cause of the plaintiffs' alleged injury. Rather, it is the decision of the Virginia Republican Party to conduct an "open" primary that is causing this alleged injury, as there is: (1) nothing unconstitutional about a political party's choice of an "open" primary, see Tashjian v. Republican Party of Conn., 479 U.S. 208, 215, 107 S.Ct. 544, 549, 93 L.Ed.2d 514 (1986) (party can legally determine vehicle for choosing candidates for office); and (2) simply no indication that the Virginia Republican Party would have a "closed" primary in the absence of the Open Primary Law or change to a "closed" primary if we declared the Open Primary Law unconstitutional. In other words, if a political party's choice of an "open" primary is a lawful and voluntary one, the decision of the party is the cause of the alleged "forced" association, not the state law requiring the "open" primary. See Marchioro v. Chaney, 442 U.S. 191, 199, 99 S.Ct. 2243, 2248, 60 L.Ed.2d 816 (1979) ("There can be no complaint that the party's right to govern itself has been substantially burdened by statute when the source of the complaint is the party's own decision...."). Because the alleged injury is caused by a voluntary choice made by the Virginia Republican Party and not the Open Primary Law, the plaintiffs have not established causation.[6] The Virginia Republican Party has made its choice to conduct a party primary in the manner it desires and there is no reason for us to interfere with that voluntary decision. See Democratic Party of the U.S. v. Wisconsin ex. rel. LaFollette, 450 U.S. 107, 124 n. 27, 101 S.Ct. 1010, 1020 n. 27, 67 L.Ed.2d 82 (1981) ("It is for the [Virginia Republican Party]--and not ... any court--to determine the appropriate standards for participation in the Party's candidate selection process.").

10

Finally, the plaintiffs have not demonstrated that their alleged injury can be redressed if we declared the Open Primary Law unconstitutional. If the Virginia Republican Party voluntarily elects an "open" primary, which it is legally entitled to do, then there is nothing this court can do to prevent the Virginia Republican Party from "forcing" its members to vote with non-Republicans. See Tashjian, 479 U.S. at 214, 107 S.Ct. at 548 (freedom of political association necessarily presupposes the party's right to choose who may participate in the party's activities). In other words, as long as the Virginia Republican Party voluntarily chooses to hold an "open" primary, the alleged injury cannot be redressed.

III.

11

In summary, the district court correctly concluded the plaintiffs lacked standing to bring this suit. Accordingly, the appeal is dismissed.

12

DISMISSED.

1

Section 24.2-509(b) is known generally as the Incumbent Protection Act. The Incumbent Protection Act allows an incumbent, who was nominated by primary for the previous election, to seek re-election by primary unless he consents to a different procedure

2

Section 24.2-530 is known generally as the Open Primary Law

3

At the time the district court issued its memorandum opinion and order dismissing the plaintiffs' complaint, McSweeney was the Chairman of the Virginia Republican Party

4

The district court also dismissed the suit pursuant to the equitable doctrine of laches. However, because we agree with the district court that the case should be dismissed for lack of standing, we need not address the laches issue

5

Consequently, we decline to address whether: (1) an "open" primary law causes actual or threatened injury to a political party or its members and (2) a member of a political party can challenge an "open" primary in the absence of the party's participation in the challenge

6

The Virginia Republican Party Plan states that only individuals who hold views in accord with the Virginia Republican Party may vote to select the Party's nominees for office. However, nowhere in the Virginia Republican Party Plan, nor in any other official Party document, does the Virginia Republican Party state that it ever held an "open" primary because it was forced into that position by the Open Primary Law. More importantly, the Virginia Republican Party chose an "open" primary and chose not to legally challenge the Open Primary Law