Case 2:22-cv-00223-Z Document 137 Filed 04/07/23 Page 9 of 67 PageID 4431
girls they treat in their clinics. Plaintiffs allege these actions have “radically altered the standard of care.” ECF No. 1-6 at 7.
Additionally, Plaintiff medical associations have associational standing via their members’ third-party standing to sue on behalf of their patients. See N.Y. State Club Ass’n, Inc. v. City of New York, 487 U.S. 1, 9 (1988) (“It does not matter what specific analysis is necessary to determine that the members could bring the same suit.”); Pa. Psychiatric Soc. v. Green Spring Health Servs., Inc., 280 F.3d 278, 293 (3d Cir. 2002) (“So long as the association’s members have or will suffer sufficient injury to merit standing and their members possess standing to represent the interests of third-parties, then associations can advance the third-party claims of their members without suffering injuries themselves.”); Ohio Ass’n of Indep. Schs. v. Goff, 92 F.3d 419, 422 (6th Cir. 1996) (associational standing via member schools’ third-party standing to assert constitutional rights of parents to direct their children’s education); 13A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 3531.9.3 (3d ed. 2022) (“Doctors regularly achieve standing to protect the rights of patients and their own related professional rights.”).
The requirements for third-party standing are met here because: (1) the patients have “endure[d] many intense side effects and suffer[ed] significant complications requiring medical attention” and “suffer distress and regret”;[1] (2) the patients have a “close relation” to the physician members of the Plaintiff medical associations; and (3) “some hindrance” exists to the patients’ ability to protect their interests. See ECF No. 7 at 13; Powers v. Ohio, 499 U.S. 400, 410–11 (1991); Singleton v. Wulff, 428 U.S. 106, 117 (1976) (women seeking abortions may be chilled “by a desire to protect the very privacy of [their] decision from the publicity of a court suit”);
- ↑ Cf. TransUnion, 141 S. Ct. at 2211 (“Nor did those plaintiffs present evidence that … they suffered some other injury (such as an emotional injury)”); Denney v. Deutsche Bank AG, 443 F.3d 253, 265 (2d Cir. 2006).
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