Page:Gohmert v. Pence (6 20-cv-660-JDK) (2021) Order.pdf/6

 DaimlerChrysler Corp., 547 U.S. at 342 (quoting Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 11 (2004)). And “[n]o principle is more fundamental to the judiciary’s proper role in our system of government than the constitutional limitation of federal-court jurisdiction to actual cases or controversies.” Raines, 521 U.S. at 818.

Article III standing requires a plaintiff to show: (1) that he “has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical”; (2) that “the injury is fairly traceable to the challenged action of the defendant”; and (3) that “it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” ''El Paso Cnty. v. Trump, 982 F.3d 332, 336 (5th Cir. 2020) (quoting Friends of the Earth, Inc. v. Laidlaw Env’t. Servs. (TOC), Inc.'', 528 U.S. 167, 180–81 (2000)). “The party invoking federal jurisdiction bears the burden of establishing these elements,” and “each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.” Lujan, 504 U.S. at 561. “At the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice.” Id.

Here, Plaintiffs have failed to demonstrate that they have standing to bring the claim alleged in Count I of their complaint.

The first Plaintiff is the Representative for Texas’s First Congressional District, the Honorable Louie Gohmert. Congressman Gohmert argues that he will