THIS COURT DID NOT HAVE JURISDICTION OVER PLAINTIFF'S LAWSUIT AND IT THEREFORE CANNOT GRANT PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS.
Article III of the Constitution limits the jurisdiction of the federal courts to those actions in which there is a genuine case or controversy. Synar v. United States, 626 F. Supp. 1374, 1379 (D.D.C.), affirmed sub nom. Bowsher v. Synar, 478 U.S. 714, 106 S. Ct. 3181, 92 L. Ed. 2d 583 (1986). The requirement that litigants have standing to sue is, therefore, jurisdictional, as "principles of standing ensure that one who invokes the power of a federal court satisfies this 'case or controversy' requirement." Id.; see also, e.g., Allen v. Wright, 468 U.S. 737, 751, 82 L. Ed. 2d 556, 104 S. Ct. 3315 (1984); Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472, 70 L. Ed. 2d 700, 102 S. Ct. 752 (1982); Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26, 38, 41, 48 L. Ed. 2d 450, 96 S. Ct. 1917 (1976).
To have standing to sue in federal court, a litigant must meet Article III's demand that he or she "show that he [or she] personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant. . . ." Valley Forge Christian College, 454 U.S. at 472. He or she must also show that the injury is "'fairly traceable to the challenged action,'" id., and "'likely to be redressed by a favorable decision.'" Id.
In this case, plaintiff, who lives, works, and votes in Oklahoma, challenged the Federal Election Commission's dismissal of a complaint that a Congressional candidate from California accepted campaign contributions in excess of those allowed by law. Upon reflection, it is clear that plaintiff has not been injured by defendant's conduct.
Plaintiff's interest in the California election is no different from the interest of any citizen who wishes to ensure that candidates abide by the rules that govern elections. As Judge John H. Pratt of this Court has noted, in a case virtually identical to this one (and one that also involved plaintiff Antosh):
. . . the law of this court [is] that the plaintiff has no greater interest in . . . congressional elections in any state in which he neither lives, works, nor votes than any other American citizen who votes in federal elections in another state. Plaintiff thus fails to satisfy the constitutional requisite of injury-in-fact because he does not allege an injury that is sufficiently peculiar to him 'to assure that the legal questions represented to the court will be resolved, not in the rarefied atmosphere of a debating society, but in a concrete factual context conducive to a realistic appreciation of the consequences of judicial action.' Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472, [70 L. Ed. 2d 700, 102 S. Ct. 752] (1982). Plaintiff's concern with uncorrupted elections in sister states and the proper administration and enforcement of federal campaign laws is in effect merely a generalized grievance "'shared in substantially equal measure by all or a large class of citizens.'" Gladstone Realtors v. Village of Bellwood, 441 U.S. 91, 99 [60 L. Ed. 2d 66, 99 S. Ct. 1601] (1979).