Linda R. S. v. Richard D.

Background

A woman who said she is the mother of an illegitimate child sued after the child’s father refused to pay support and the local district attorney refused to prosecute under Texas law because the law was applied only to parents of legitimate children. She went to federal court seeking a declaration that the criminal statute treats illegitimate children unfairly and asking the prosecutor to be enjoined from declining prosecutions on that basis. A three-judge district court dismissed her case for lack of standing; part of her separate civil claim was remanded to a single judge.

Reasoning

The Court asked whether the mother had the personal stake required to bring a federal lawsuit challenging a criminal statute. The majority said no. It explained that the mother’s injury from the father’s failure to pay is not directly caused by the prosecutor’s policy because the criminal law creates a finished offense with a fixed penalty and prosecution would not necessarily produce support payments. The Court relied on prior decisions that a private citizen normally cannot challenge prosecutorial policies when she is neither prosecuted nor threatened with prosecution, and therefore affirmed dismissal for lack of standing.

Real world impact

The ruling means this mother cannot use federal court to force criminal prosecution of the child’s father under the Texas statute. The Court did not decide whether the law is constitutional on the merits, and the civil support claim was sent back to the lower court for further handling. The outcome about forcing support through criminal law remains unresolved.

Dissents or concurrances

Two dissents disagreed. One Justice would have found standing, arguing exclusion from criminal protection harms illegitimate children and their mothers. Another Justice urged remand for clarification because a related civil decision might affect the case.