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Legal Memorandum: Facial Challenge to Subject Matter Jurisdiction

Issue: What is required to defeat a facial challenge to subject matter jurisdiction based on alleged lack of standing?

Area of Law: Litigation & Procedure
Keywords: Challenge to subject matter jurisdiction; Alleged lack of standing
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: None
Date: 08/01/2008

This is what is required to defeat a facial challenge to subject matter jurisdiction based on alleged lack of standing: “At the pleading stage, general factual allegations of injury from the defendant’s conduct may suffice, for on a motion to dismiss we presume that general allegations embrace those specific facts that are necessary to support the claim.”  Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). 

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