singleton wulff argued march decided july respondents two physicians brought action injunctive relief declaration unconstitutionality missouri statute excludes abortions medically indicated purposes medicaid benefits available needy persons response petitioner motion dismiss respondent averred provided anticipated providing abortions needy patients petitioner responsible state official acting reliance challenged statute refused medicaid applications filed connection abortions district dismissed relevant count complaint lack standing concluded logical nexus existed status asserted respondents claim sought adjudicated appeals reversed finding respondents alleged sufficient injury fact also interest arguably within zone interests protected constitutional guarantees question considered case merits found challenged statute clearly violated equal protection clause held judgment reversed case remanded pp reversed remanded justice blackmun delivered opinion respect parts iii finding respondents standing maintain suit respondents alleged injury fact sufficiently concrete interest outcome suit make case controversy subject district art iii jurisdiction respondent physicians prevail suit remove statutory limitation reimbursable abortions benefit receiving payment abortions state pocket amount payments pp appeals proceeded resolve merits case since petitioner filed answer pleading addressed merits opportunity present evidence legal arguments defense statute pp justice blackmun joined justice brennan justice white justice marshall concluded part prudential matter respondents proper proponents particular rights base suit though rdinarily one may claim standing vindicate constitutional rights third party barrows jackson underlying justification rule absent woman safely secure abortion without physician aid impecunious woman easily secure abortion without physician paid state aside woman physician uniquely qualified virtue confidential professional relationship litigate constitutionality state interference discrimination abortion decision moreover obstacles woman assertion rights desire protect privacy may deter bringing suit claim soon become least technically moot indigency forces forgo abortion pp michael boicourt assistant attorney general missouri argued cause petitioner brief john danforth attorney general frank susman argued cause filed brief respondents justice blackmun delivered opinion parts iii together opinion part justice brennan justice white justice marshall joined like companions case involves claim state unconstitutional interference decision terminate pregnancy particular object challenge missouri statute excluding abortions medically indicated purposes medicaid benefits available needy persons present posture however case presents two issues going merits dispute first whether physicians perform nonmedically indicated abortions standing maintain suit answer second whether appeals exercising jurisdiction suit dismissed district lack standing properly proceeded determination merits answer missouri participates medicaid program federal government partially underwrites qualifying state plans medical assistance needy see et seq ed supp iv missouri plan set mo rev stat supp includes list categories medical services eligible medicaid funding last family planning services defined federal rules regulations provided however family planning services shall include abortions unless abortions medically indicated suit filed district eastern district missouri two physicians plaintiff avers affidavit filed opposition motion dismiss provided anticipates providing abortions welfare patients eligible medicaid payments app plaintiffs allege affidavits medicaid applications filed connection abortions performed refused defendant responsible state official reliance challenged app entirely clear filed applications one affiant patients refused refers submitted applications payments behalf payments refused indeed entirely clear payments go made assume however statute several references payments behalf eligible persons see provider services seeks reimbursement state event plaintiff anticipates refusals defendant fund nonmedically indicated abortions avers refusals deter practice medicine manner considers expertise sic beneficial said patients chill thwart ordinary customary functioning relationship app complaint sought declaration statute invalidity injunction enforcement number grounds stated among statute face applied unconstitutionally vague eprives plaintiffs right practice medicine according highest standards medical practice eprives plaintiffs patients fundamental right woman determine whether bear children nfringes upon plaintiffs right render patients right receive safe adequate medical advice treatment eprives plaintiffs patients classification equal protection laws defendant sole pleading district motion dismiss dismissal sought upon several alternative grounds case controversy plaintiffs lacked standing litigate constitutional issues raised injunctive relief granted absence irreparable harm plaintiffs plaintiffs personally suffer harm case litigate alleged deprivation infringement civil rights welfare patients plaintiffs responded motion memorandum also affidavits described panel convened hear case dismissed count us lack standing saw logical nexus status asserted plaintiffs claim seek adjudicated wulff state bd registration healing arts supp appeals eighth circuit reversed reasoned roe wade doe bolton interpreted several earlier decisions paved way physicians assert constitutional rights practice medicine citing nyberg city virginia appeal dismissed cert denied rights said include right advise perform abortions furthermore inextricably bound privacy rights women seek abortions clearly restriction medicaid benefits affected plaintiff physicians professionally monetarily result appeals view alleged sufficient injury fact also interest arguably within zone interests protected constitutional guarantee question quoting data processing service camp although found matter without difficulty appeals next concluded urged appellants respondents proceed standing question merits case rather remand considered proper question statute validity profit refinement indeed one whose answer doubt statute obviously unconstitutional therefore appeared case might well decided one federal judge accordingly chose make final determination case ibid proceeding merits found clear violation equal protection clause ibid statute constituted special regulation abortion discriminated patient physician reason patient poverty section therefore declared unconstitutional appeals injunctive relief felt unnecessary assumed state comply declaration cease discrimination needy patients seeking therapeutic nontherapeutic abortions granted certiorari limited two questions identified opening paragraph opinion ii although certain clearly separated district appeals opinions two distinct standing questions presented distinguished prior cases data processing service camp flast cohen barrows jackson first whether allege injury fact sufficiently concrete interest outcome suit make case controversy subject federal art iii jurisdiction second whether prudential matter proper proponents particular legal rights base suit first questions needs little comment doubt suffer concrete injury operation challenged statute complaint affidavits described allege performed continue perform operations reimbursed medicaid program limitation reimbursable abortions medically indicated physicians prevail suit remove limitation benefit receive payment abortions state federal government pocket amount payments relationship parties classically adverse clearly exists case controversy constitutional sense simon eastern ky welfare rights investment institute camp data processing service camp question rights doctors may assert seeking resolve controversy difficult appeals adverted perceived doctor constitutional rights practice medicine occasion decide whether rights exist assuming doctors course assert appears however appeals also accorded doctors standing assert indeed granted relief based partly upon rights patients must decide whether assertion jus tertii proper one federal courts must hesitate resolving controversy even one within constitutional power resolve basis rights third persons parties litigation reasons two first courts adjudicate rights unnecessarily may fact holders rights either wish assert able enjoy regardless whether litigant successful see ashwander tva brandeis concurring offering standing requirement one means courts avoid unnecessary constitutional adjudications second third parties usually best proponents rights courts depend effective advocacy therefore prefer construe legal rights effective advocates rights holders rights may like preference extent bound courts decisions doctrine stare decisis see baker carr standing requirement aimed assur ing concrete adverseness sharpens presentation issues upon largely depends holden hardy assertion third parties rights come greater cogency third parties two considerations underlie general rule ordinarily one may claim standing vindicate constitutional rights third party barrows jackson see also flast cohen mcgowan maryland like general rule however one applied underlying justifications absent mind looked primarily two factual elements determine whether rule apply particular case first relationship litigant person whose right seeks assert enjoyment right inextricably bound activity litigant wishes pursue least sure construction right unnecessary sense right enjoyment unaffected outcome suit furthermore relationship litigant third party may former fully nearly effective proponent right latter thus griswold connecticut two persons convicted giving advice contraception permitted defendants one licensed physician assert privacy rights married persons advised pointed confidential nature relationship defendants married persons reasoned rights latter likely diluted adversely affected asserted case see also eisenstadt baird stressing advocate relationship impact litigation interests barrows jackson owner real estate subject racial covenant granted standing challenge covenant part one whose charge keeping repose power continue use property discriminate discontinue use relationship similar griswold existed doe bolton also permitted physicians assert rights patients indeed since right right abortion doe flatly control instant case fact physicians seeking protection possible criminal prosecution factual element looked ability third party assert right even relationship close reasons requiring persons assert rights generally still apply genuine obstacle assertion however third party absence loses tendency suggest right truly stake truly important party becomes default right best available proponent thus naacp alabama held national association advancement colored people resisting order divulge names members assert first fourteenth amendments rights members remain anonymous reasoned require right claimed members result nullification right moment assertion see also eisenstadt baird barrows jackson application principles present case quickly yields proper result closeness relationship patent griswold doe woman safely secure abortion without aid physician impecunious woman easily secure abortion without physician paid state woman exercise right abortion whatever dimension therefore necessarily stake moreover constitutionally protected abortion decision one physician intimately involved see roe wade aside woman therefore physician uniquely qualified litigate constitutionality state interference discrimination decision woman assertion rights several obstacles one thing may chilled assertion desire protect privacy decision publicity suit second obstacle imminent mootness least technical sense individual woman claim months maturing decision undergo abortion right thereto irrevocably lost assuming seems fair assume unless impecunious woman establish medicaid eligibility must forgo abortion true obstacles insurmountable suit may brought pseudonym frequently done woman longer pregnant may nonetheless retain right litigate point capable repetition yet evading review roe wade may class assembled whose fluid membership always included women live claims assertion right representative extent anyway seems little loss terms effective advocacy allowing assertion physician reasons conclude generally appropriate allow physician assert rights women patients governmental interference abortion decision decline restrict holding effect doe purely criminal context respect judgment appeals affirmed iii record agree however action appeals proceeding beyond issue standing resolution merits case petitioner urges action particularly inappropriate case one requested injunctive relief granted denied merits district direct appeal find unnecessary reach contention respondents arguments required statute patently unconstitutional event declaratory relief warranted quite apart considerations appeals resolution merits seems us unacceptable exercise appellate jurisdiction noted respect complaint count us petitioner filed district motion dismiss lack standing filed answer pleading addressed merits answer interrogatories app stipulated facts gave intimation defenses might plaintiffs alleged lack standing district granted motion dismiss dismissal final decision appealed see appeal petitioner limited entirely standing determination underlay short petitioner never heard way merits case general rule course federal appellate consider issue passed upon hormel helvering explained essential order parties may opportunity offer evidence believe relevant issues order litigants may surprised appeal final decision issues upon opportunity introduce evidence idea evidence petitioner offer defense statute petitioner opportunity proffer evidence moreover even assuming evidence petitioner opportunity present whatever legal arguments may defense statute think justified presenting arguments appeals assuming rather least allowed answer complaint appeals reinstate matter questions may taken resolved first time appeal one left primarily discretion courts appeals exercised facts individual cases announce general rule certainly circumstances federal appellate justified resolving issue passed proper resolution beyond doubt see turner city memphis injustice might otherwise result hormel helvering suffice say case issue resolved appeals never passed upon decision injustice likely caused avoided deciding issue without petitioner opportunity heard assuming therefore appeals jurisdiction proceed merits case hold done extent judgment reversed case remanded directions returned district petitioner may file answer complaint litigation proceed accordingly ordered footnotes complaint contained two additional counts directed missouri state board registration healing arts concerning missouri statutes relating abortions upon minors district dismissal counts appealed us plaintiffs sued behalf behalf class similarly situated physicians app apparently however suit dismissed district class certified defendant singleton petitioner herein chief bureau medical services division welfare missouri department public health welfare reiterated holding today planned parenthood missouri danforth ante justice powell objects obstacle enough prior cases allow assertion rights assertion third parties practicable terms impossible post carefully analyzed cases go far negro purchaser barrows prove racial covenant alone stood way purchase presumably easily done given amicable posture seller case surely sought declaration invalidity injunction enforcement association members naacp alabama obtained similar declaration injunction suing anonymously use pseudonyms recipients contraceptives eisenstadt counterparts griswold doe matter sought similar relief necessary enjoyment constitutional rights point easy alternatives differed degree difficulty differed alternative case women seeking declaration injunction force state pay doctors abortions justice powell limit doe cases cited explaining cases state directly interfered abortion decision directly interdicted normal functioning relationship criminalizing certain procedures post support language cited cases distinction given logical reason direct interference litigant conduct provide special reason allowing assert rights moreover direct interference interdiction test appear supported precedent allowed jus tertii assertion interference direct pierce society sisters example private schools permitted assert rights parents state requirement children receive public education even though private schools thereby interdicted reduced role supplementing public school education conversely regularly disallow jus tertii assertion even though state interdicted litigant conduct point criminalizing see brown fourth amendment rights others broadrick oklahoma rights others free application statute mcgowan maryland store owners convicted violating sunday closing laws assert religious liberty rights customers finally clear direct interference interdiction test allow jus tertii assertion case doctor afford work nothing woman afford pay state refusal fund abortion effective interdiction ever necessary furthermore since right asserted case simply right abortion right abortions nondiscriminatorily funded denial funding complete interdiction exercise right ever exist justice powell also voices concern decision today difficult cabin threatens allow provider services assert client customer constitutional rights attack welfare statute excludes coverage particular transaction post true difficult predict pattern results future cases elects proceed today assessing relevant factors individual cases give decisive importance one factors rather adopting set per se rules justice powell apparently prefer based direct interdiction litigant conduct impossibility assertion still share justice alarm unless provider services mind enjoys client confidential relationship doctor patient unless client claim imminently moot pregnant woman technically standing issue future case definitively controlled one beyond simply decline speculate cases us examples intended exclusive justice stevens concurring part case financial stake outcome litigation claim statute impairs constitutional rights therefore clearly standing bring action two facts present agree analysis part justice blackmun opinion provides adequate basis considering arguments based effect statute constitutional rights patients sure whether analysis part sustain doctors standing apart two facts join parts iii opinion justice powell chief justice justice stewart justice rehnquist join concurring part dissenting part holds respondents standing bring suit assert constitutional rights attack mo rev stat supp also holds appeals erred proceeding merits respondents challenge agree holdings therefore concur parts iii justice blackmun opinion well first four sentences part holds remand district respondents may assert addition rights constitutional rights patients eligible medicaid assistance obtaining elective abortions exclusion abortions dissent holding notes ante respondents complaint affidavit established art iii standing invoke judicial power district performed abortions missouri medicaid system compensate directly challenged statutory section preclude respondents allege intention continue perform abortions statute deprives compensation arguments proved give respondents personal stake controversy statute constitutionality see warth seldin cf simon eastern ky welfare rights ii noted warth careful reiterate today ante art iii standing inquiry often first two inquiries necessary determine whether federal entertain claim instance particular party art iii question one power within constitutional system courts may decide actual cases controversies parties stand see simon eastern ky welfare rights supra beyond question however lies less easily defined inquiry whether prudent proceed decision particular issues even instance party whose art iii standing clear inquiry taken various forms including one presented case whether defending anticipatorily attacking state action party may argue contravenes someone else constitutional rights second inquiry matter judicial warth seldin supra usual wise stance federal courts policing exercise power manner one cautious reserve see generally ashwander tva brandeis concurring caution given rise general rule party may defend attack governmental action ground infringes rights third party ante corollary exception must rest specific factors outweighing policies behind rule see barrows jackson cf generally richardson powell concurring plurality acknowledges general rule identifies two factual elements thought derived prior cases justify adjudication asserted rights obstacles assertion third party rights ii existence relationship one physician patient view factors justify allowing physicians assert patients rights prior decisions enlightening barrows jackson supra covenantor breached racially restrictive covenant selling negroes permitted set buyers rights equal protection defense damages action covenantees see shelley kraemer considered general rule outweighed need protect fundamental rights situation difficult impossible persons whose rights asserted present grievance indeed difficult impossible rightholders assert rights operation restrictive covenant threat damages actions breach tended insure come possession land time little chance successful suit based covenantor failure sell second case naacp alabama organization allowed resist order produce membership list asserting associational rights members anonymity plurality notes ante members forgo rights order assert eisenstadt baird considered necessary relax rule permit distributor contraceptives assert constitutional rights recipients statutory scheme operating deny contraceptives recipients appeared offer means challenge plurality purports derive cases principle party may assert another rights genuine obstacle third party litigation ante understates teaching cases facts indicate assertion proper merely obstacle rightholder litigation litigation practicable terms impossible thus framing principle plurality gone far beyond major precedents moreover plurality statement principle discussion facts litigation rights justified case plurality virtually concedes must two alleged obstacles women assertion rights chimerical docket regularly contains cases women using pseudonyms challenge statutes allegedly infringe right exercise abortion decision basis obstacle incipient mootness plurality quotes portion roe wade shows obstacle exists short light experience share regularly reviewing appeals petitions certiorari obstacles identified plurality justifying departure general rule simply significant rather logical descendant barrows naacp eisenstadt case much closer warth seldin supra taxpayers refused leave assert constitutional rights persons part obstacle persons asserting rights proper case see cf mcgowan maryland plurality places primary reliance second element existence confidential relationship rightholder party seeking assert rights focusing professional relationships present griswold doe planned parenthood missouri danforth ante plurality suggests allowing physicians case assert patients rights flows naturally three indeed conclusion couched terms general appropriateness allowing physicians assert privacy interests patients attacks governmental interference abortion decision ante respect read cases merging physician patient constitutional purposes principle support turns upon confidential nature relationship upon nature state impact upon relationship instance state directly interdicted normal functioning relationship criminalizing certain procedures circumstances direct interference agree one party relationship permitted assert constitutional rights judicial rule preclude attack state proscription constitutionally protected activity see also meyer nebraska missouri directly interfered abortion decision neither physicians patients forbidden engage procedure impact way missouri chose structure medicaid payments causes doctors financial detriment affords art iii standing aver injury fact justify abandonment salutary rule assertion rights physicians offered special reason allowing assert patients rights attack welfare statute think none moreover persuasive reasons permit seems wholly inappropriate matter judicial reach unnecessarily decide difficult constitutional issue case nothing stake remuneration professional services second case may well set precedent prove difficult cabin reason immediately comes mind today holding provider services denied standing assert client customer constitutional rights attack welfare statute excludes coverage particular transaction putting differently holding invites litigation perhaps least legitimate ground seeking assert rights third parties today certainly thought interest compensated professional services without deemed sufficiently compelling reason justify departing rule restraint well serves society judicial system quite recently stated respect rule assertion rights well certain doctrines judicial hese principles rest fussiness judges reflect conviction constitutional system courts roving commissions assigned pass judgment validity nation laws constitutional judgments justified necessity adjudicating rights particular cases litigants brought broadrick oklahoma citation omitted today holding threatens make roving commissions federal courts notes ante missouri structured medicaid system payments medical services made directly physician rather patient inquiry also framed appropriate cases whether person art iii standing asserting interest arguably within zone interests intended protected constitutional statutory provision relies see data processing service camp whether person allowed attack statute ground unconstitutional applied unconstitutional applied third parties see raines dombrowski pfister broadrick oklahoma cf generally richardson powell concurring agree plurality ante fundamental policy behind general rule salutary desire avoid unnecessary constitutional adjudication see ashwander tva brandeis concurring plurality perceives second basis rule courts need effective advocacy concern relevant receive emphasis context context art iii standing requirements need effective advocacy factual sharpening issues long touchstone discussion see baker carr flast cohen perhaps accurate formulation art iii limitation one consistent concerns underlying constitutional provision plaintiff stake controversy must insure exercise remedial powers necessary sufficient give relief see warth seldin simon eastern ky welfare rights today uses formulation ante similar focus upon proper judicial role rather quality advocacy preferable area prudential limitations upon judicial power see warth seldin supra cf schlesinger reservists stop war congress statute may foreclose inquiry competing policy considerations give party art iii standing right assert interests third parties even public interest see warth seldin supra plurality retrospectively analyzes facts barrows naacp eisenstadt effort show litigation rightholders possible case ante technically may true also true barrows naacp expressly emphasized extreme difficulty litigation moreover plurality underestimates difficulty confronting negro vendee barrows attempted prove race alone blocked deal covenantor plurality denigrates difficulty naacp members assertion right anonymity text page quotes approvingly language naacp case expressing difficulty litigation eisenstadt allowing assertion rights justified difficulty rightholders litigation also state directly interdicted course conduct allegedly enjoyed constitutional protection explained infra part rightly shows special solicitude situation event argued text basic disagreement plurality rests facts case application plurality test genuine obstacle rightholder assertion rights simply obstacle plurality primary emphasis upon relationship marked contrast previous position relationship litigant rightholder subordinate importance impact litigation interests eisenstadt baird suspect plurality inversion previous order results weakness argument litigation necessary protect interests keep emphasis consider closeness relationship factor imparting confidence interests represented adequately case allowing assertion justified grounds cf supra plurality contends assertion rights allowed interference direct ante cites pierce society sisters pierce little precedential value since address even mention issue rights case importantly however interference normal functioning private relationship complete proscribed statute required children sent public school period time public school shall held current year practical way parents send children private schools noted inevitable practical result enforcing act destruction appellees primary schools perhaps private primary schools normal children within state oregon plurality says proceeding assessing relevant factors individual cases rather adopting set per se rules implies advocating latter course ante fact proposed set rules rather dissent grounded decisions believe today holding departs divining previous cases two factors two factors alone whose application facts case quickly yields proper result ante plurality appears articulated new rule standing leaves little room flexibility ease plurality allow assertion standing case based nothing substantial professional perhaps relationship dimly perceived obstacles rightholder litigation suggests proper result usually standing plurality attempt distinguish case next one involving another provider services reassuring three distinguishing factors suggested first one confidential relationship analytically empty especially one recognizes realistically confidential relationship case kind often set type abortion clinic moreover unsupported nearly half cases plurality relies upon finding relationship one two elements yielding standing confidential relationship barrows eisenstadt far opinion shows respect one defendants griswold second suggested distinction woman right case one may impaired assertion understand woman litigation right make abortion decision impairs ability make decision finally plurality falls back contention woman claim imminently moot point plurality citation roe proves irrelevant three distinctions seem insubstantial repeat today holding difficult cabin