20-1998-cv Connecticut Parents Union v. Russell-Tucker et al. In the United States Court of Appeals for the Second Circuit AUGUST TERM 2020 No. 20-1998-cv CONNECTICUT PARENTS UNION, Plaintiff-Appellant, v. CHARLENE RUSSELL-TUCKER, in her official capacity as Acting Commissioner, Connecticut State Department of Education, ALLAN B. TAYLOR, in his official capacity as Chairperson of the Connecticut State Department of Education’s State Board of Education, NED LAMONT, in his official capacity as Governor of Connecticut, WILLIAM TONG, in his official capacity as Connecticut Attorney General, Defendants-Appellees, * On Appeal from the United States District Court for the District of Connecticut *Under Fed. R. App. P. 43(c), Charlene Russell-Tucker is, in her official capacity as Acting Commissioner of Education, substituted for her predecessor Diana Wentzell. The Clerk of Court is directed to amend the caption as shown above. 1 ARGUED: JANUARY 25, 2021 DECIDED: AUGUST 11, 2021 Before: CABRANES and LYNCH, Circuit Judges, and MARRERO, District Judge. † The question presented is whether the United States District Court for the District of Connecticut (Stefan R. Underhill, Chief Judge) properly dismissed the Complaint of Plaintiff-Appellant Connecticut Parents Union (“CTPU”) for lack of Article III standing. In its Complaint, CTPU alleged that Connecticut’s standards regarding the racial composition of its interdistrict magnet schools violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Because CTPU is an organization that is not directly regulated or affected by the challenged standards and because CTPU † Judge Victor Marrero, of the United States District Court for the Southern District of New York, sitting by designation. 2 has failed to show that it suffered an involuntary, material burden on its core activities, we conclude that CTPU has not established an injury-in-fact for purposes of demonstrating organizational standing. Accordingly, we hold that the District Court properly dismissed the Complaint and we AFFIRM the judgment of the District Court. CHRISTOPHER M. KIESER, (Oliver J. Dunford, Sacramento, CA, on the brief), Pacific Legal Foundation, Palm Beach, FL, for Plaintiff- Appellant. DARREN P. CUNNINGHAM, Assistant Attorney General (Clare E. Kindall, Solicitor General, on the brief), for William Tong, Attorney General, Hartford, CT, for Defendants-Appellees. 1 3 20-1998-cv Connecticut Parents Union v. Russell-Tucker et al. 1 JOSÉ A. CABRANES, Circuit Judge: 2 The question presented is whether the United States District 3 Court for the District of Connecticut (Stefan R. Underhill, Chief Judge) 4 properly dismissed the Complaint of Plaintiff-Appellant Connecticut 5 Parents Union (“CTPU”) for lack of Article III standing. In its 6 Complaint, CTPU alleged that Connecticut’s standards regarding the 7 racial composition of its interdistrict magnet schools violate the Equal 8 Protection Clause of the Fourteenth Amendment of the United States 9 Constitution. Because CTPU is an organization that is not directly 10 regulated or affected by the challenged standards and because CTPU 11 has failed to show that it suffered an involuntary, material burden on 12 its core activities, we conclude that CTPU has not established an 13 injury-in-fact for purposes of demonstrating organizational standing. 14 …
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