STANDING IN THE SHADOWS

FROTHINGHAM V. MELLON 288 F. 252 (D.C. CIR. 1923) TAXPAYER STANDING TO BRING FEDERAL SUIT OVER ACTIONS BY CONGRESS

A key element of any judicial system is who can make use of that system. In 1923, the U.S. Supreme Court took a big step, narrowing the range of individuals who can file suit in federal court to challenge actions by Congress. That step came in Frothingham v. Mellon, a decision giving lawmakers significant protection from constitutional scrutiny.

In , the Justices considered the 1921 Sheppard-Towner Act, the federal government’s first venture into social welfare—until then the responsibility of state and local governments. Commonly called “the Maternity Act,” the measure sought to reduce infant mortality—then above 11 percent, far