Phillips v. Henderson
Phillips v. Henderson, 2024 UT 19 (Hagen, J.)
Standing/Constitutional Law/Civil Procedure
A group of voters sought to initiate state legislation that would place an age limit on Utah candidates for federal office. The Lieutenant Governor rejected the initiative, concluding it was unconstitutional. The voters then sought a declaratory judgment from the district court that the initiative was constitutional. The district court dismissed the action. The voters appealed. The Utah Supreme Court affirmed, holding:
- The voters had standing to appeal: Appellants who concede that they cannot prevail at a particular stage on appeal have appellate standing so long as they (1) had traditional standing in the district court, (2) were a party or privy to that action, and (3) were aggrieved by the district court’s judgment.
- The district court correctly dismissed the claim under controlling federal law.