Friday, September 18, 2026

LET THERE BE NO DOUBT---THE SECOND CIRCUIT JUST OPENED A NEW DOOR FOR ORGANZATIONS

Welcome to Everything Croton, a collection of all things Croton--our history, our homes, our issues, our businesses, our schools, our houses of worship--in short, EVERYTHING CROTON.

The reality of all this is starting to hit a number of the larger legal blogs and Facebook pages, as well as parental organizations.  Several local readers promise to send updates. SEE MORE BELOW.



THE SECOND CIRCUIT JUST OPENED A NEW DOOR FOR ORGANZATIONS--For more than fifty years, the Second Circuit followed a rule that made it harder for organizations in New York, Connecticut, and Vermont to challenge unconstitutional government conduct on behalf of their own members. That rule came from Aguayo v. Richardson, 473 F.2d 1090 (2d Cir. 1973), which held that an organization could not bring a claim under 42 U.S.C. § 1983 merely because the constitutional rights of its members were being violated. 

In Defending Education v. Croton-Harmon Union Free School District, — F.4th —-, 2025 WL 5281079 (2d Cir. Sept. 15, 2026), the Second Circuit finally overruled that part of Aguayo and replaced it with the ordinary associational-standing framework established by the Supreme Court in Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977).

That is the real importance of the decision.  READ SO MUCH MORE HERE

1 comment:

  1. Thank you. Your blog is a wonderful resource and thank you for the River Journal too. I had no idea being new in the area. Pat D

    ReplyDelete