ACLU of Utah v. State
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The Supreme Court dismissed the petition for extraordinary relief brought by ACLU of Utah, Disability Law Center, and Utah Association of Criminal Defense Attorneys (collectively, Petitioners) seeking relief on behalf of all individuals in criminal custody in the state who are at risk of contracting COVID-19, holding that Petitioners lacked standing.
Rather than claiming that have traditional standing or associational standing, Petitioners argued that they had public interest standing. While two members of the Court have previously expressed serious doubt about the continued validity of public interest standing, the Supreme Court held that it need not engage in an extended discussion of the doctrine. Instead, the Court held that Petitioners did not meet their burden of demonstrating that the issues they sought to litigate were unlikely to be raised if they were denied standing.
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