McConnell v. Federal Election Comm'n, 540 U.S. 93, 126 (2003)

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Cite as: 540 U. S. 93 (2003)

Opinion of the Court

of the station for the same class and amount of time for the same period," 47 U. S. C. § 315(b)(1). Section 305's amendment, in turn, denies a candidate the benefit of that lowest unit charge unless the candidate "provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate for the same office," or the candidate, in the manner prescribed in BCRA § 305(a)(3), clearly identifies herself at the end of the broadcast and states that she approves of the broadcast. 47 U. S. C. §§ 315(b)(2)(A), (C) (Supp. II).

The McConnell plaintiffs challenge § 305. They argue that Senator McConnell's testimony that he plans to run advertisements critical of his opponents in the future and that he had run them in the past is sufficient to establish standing. We think not.

Article III of the Constitution limits the "judicial power" to the resolution of "cases" and "controversies." One element of the "bedrock" case-or-controversy requirement is that plaintiffs must establish that they have standing to sue. Raines v. Byrd, 521 U. S. 811, 818 (1997). On many occasions, we have reiterated the three requirements that constitute the " 'irreducible constitutional minimum' " of standing. Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U. S. 765, 771 (2000). First, a plaintiff must demonstrate an "injury in fact," which is "concrete," "distinct and palpable," and "actual or imminent." Whitmore v. Arkansas, 495 U. S. 149, 155 (1990) (internal quotation marks and citation omitted). Second, a plaintiff must establish "a causal connection between the injury and the conduct complained of—the injury has to be 'fairly trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] some third party not before the court.' " Lujan v. Defenders of Wildlife, 504 U. S. 555, 560-561 (1992) (quoting Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 41-42 (1976)). Third, a plaintiff must show the

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