Lead Opinion
delivered the opinion of the Court.
The question before us is whether an assignee of a legal claim for money owed has standing to pursue that claim in federal court, even when the assignee has promised to remit the proceeds of the litigation to the assignor. Because history and precedent make clear that such an assignee has long been permitted to bring suit, we conclude that the assignee does have standing.
I
When a payphone customer makes a long-distance call with an access code or 1-800 number issued by a long-distance communications carrier, the customer pays the carrier (which completes that call), but not the payphone operator (which connects that call to the carrier in the first place). In these circumstances, the long-distance carrier is required to compensate the payphone operator for the customer’s call. See 47 U. S. C. § 226; 47 CFR § 64.1300 (2007). The payphone operator can sue the long-distance carrier in court for any compensation that the carrier fails to pay for these “dial-around” calls. And many have done so. See Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc.,
Because litigation is expensive, because the evidentiary demands of a single suit are often great, and because the resulting monetary recovery is often small, many payphone operators assign their dial-around claims to billing and collection firms called “aggregators” so that, in effect, these
The present litigation involves a group of aggregators who have taken claim assignments from approximately 1,400 payphone operators. Each payphone operator signed an Assignment and Power of Attorney Agreement (Agreement) in which the payphone operator “assigns, transfers and sets over to [the aggregator] for purposes of collection all rights, title and interest of the [payphone operator] in the [payphone operator’s] claims, demands or causes of action for ‘Dial-Around Compensation’ . . . due the [payphone operator] for periods since October 1, 1997.” App. to Pet. for Cert. 114. The Agreement also “appoints” the aggregator as the payphone operator’s “true and lawful attorney-in-fact.” Ibid. The Agreement provides that the aggregator will litigate “in the [payphone operator’s] interest.” Id., at 115. And the Agreement further stipulates that the assignment of the claims “may not be revoked without the written consent of the [aggregator].” Ibid. The aggregator and payphone operator then separately agreed that the aggregator would remit all proceeds to the payphone operator and that the pаyphone operator would pay the aggregator for its services (typically via a quarterly charge).
After signing the agreements, the aggregators (respondents here) filed lawsuits in federal court seeking dial-around compensation from Sprint, AT&T, and other long-distance carriers (petitioners here). AT&T moved to dismiss the claims, arguing that the aggregators lack standing to sue under Article III of the Constitution. The District Court initially agreed to dismiss, APCC Servs., Inc. v. AT&T Corp.,
II
We begin with the most basic doctrinal principles: Article III, §2, of the Constitution restricts the federal “judicial Power” to the resolution of “Cases” and “Controversies.” That case-or-controversy requirement is satisfied only where a plaintiff has standing. See, e. g., Daimler Chrysler Corp. v. Cuno,
In some sense, the aggregators clearly meet these requirements. They base their suit upon a concrete and particularized “injury in fact,” namely, the carriers’ failure to pay dial-around compensation. The carriers “caused” that injury. And the litigation will “redress” that injury — if the suits are successful, the long-distance carriers will pay what they owe. The long-distance carriers argue, however, that the aggregators lack standing because it was the payphone operators (who are not plaintiffs), not the aggregators (who are plaintiffs), who were “injured in fact” and that it is the payphone operators, not the aggregators, whose injuries a legal victory will truly “redress”: The aggregators, after all, will remit all litigation proceeds to the payphone operators. Brief for Petitioners 18. Thus, the question before us is whether, under these circumstances, an assignee has standing to pursue the assignor’s claims for money owed.
We have often said that history and tradition offer a meaningful guide to the types of cases that Article III empowers federal courts to consider. See, e. g., Steel Co. v. Citizens for Better Environment,
A
We must begin with a minor concession. Prior to the 17th century, English law would not have authorized a suit like this one. But that is because, with only limited exceptions, English courts refused to recognize assignments at all. See, e. g., Lampet’s Case, 10 Co. Rep. 46b, 48a, 77 Eng. Rep. 994, 997 (K. B. 1612) (stating that “no possibility, right, title, nor thing in action, shall be granted or assigned to strangers” (footnote omitted)); Penson & Higbed’s Case, 4 Leo. 99, 74 Eng. Rep. 756 (K. B. 1590) (refusing to recognize the right of an assignee of a right in contract); see also 9 J. Murray, Corbin on Contracts § 47.3, p. 134 (rev. ed. 2007) (noting that the King was excepted from the basic rule and could, as a result, always receive assignments).
Courts then strictly adhered to the rule that a “chose in action”—an interest in property not immediately reducible to possession (which, over time, came to include a financial interest such as a debt, a legal claim for money, or a contractual right)—simply “could not be transferred to another person by the strict rules of the ancient common law.” See 2 W. Blackstone, Commentaries *442. To permit transfer, the courts feared, would lead to the “multiplying of contentions and suits,” Lampet’s Case, supra, at 48a, 77 Eng. Rep., at 997, and would also promote “maintenance,” i. e., officious in
As the 17th century began, however, strict anti-assignment rules seemed inconsistent with growing commercial needs. And as English commerce and trade expanded, courts began to liberalize the rules that prevented assignments of choses in action. See 9 Corbin, supra, § 47.3, at 134 (suggesting that the “pragmatic necessities of trade” induced “evolution of the common law”); Holdsworth, supra, at 1021-1022 (the “common law” was “induced” to change because of “considerations of mercantile convenience or necessity”); J. Ames, Lectures on Legal History 214 (1913) (noting that the “objection of maintenance” yielded to “the modern commercial spirit”). By the beginning of the 18th century, courts routinely recognized assignments of equitable (but not legal) interests in a chose in action: Courts of equity permitted suits by an assignee who had equitable (but not legal) title. And courts of law effectively allowed suits either by the assignee (who had equitable, but not legal title) or the assignor (who had legal, but not equitable title).
To be more specifiс, courts of equity would simply permit an assignee with a beneficial interest in a chose in action to sue in his own name. They might, however, require the assignee to bring in the assignor as a party to the action so as to bind him to whatever judgment was reached. See, e. g., Warmstrey v. Tanfield, 1 Ch. Rep. 29, 21 Eng. Rep. 498 (1628-1629); Fashion v. Atwood, 2 Ch. Cas. 36, 22 Eng. Rep. 835 (1688); Peters v. Soame, 2 Vern. 428, 428-429, 23 Eng. Rep. 874 (Ch. 1701); Squib v. Wyn, 1 P. Wms. 378, 381, 24 Eng. Rep. 432, 433 (Ch. 1717); Lord Carteret v. Paschal, 3 P. Wms. 197, 199, 24 Eng. Rep. 1028, 1029 (Ch. 1733); Row v. Dawson, 1 Ves. sen. 331, 332-333, 27 Eng. Rep. 1064, 1064-1065 (Ch. 1749). See also M. Smith, Law of Assignment: The Creation and Transfer of Choses in Action 131 (2007) (by the beginning of the 18th century, “it became settled that
Courts of law, meanwhile, would permit the assignee with an equitable interest to bring suit, but nonetheless required the assignee to obtain a “power of attorney” from the holder of the legal title, namely, the assignor, and further required the assignee to bring suit in the name of that assignor. See, e. g., Cook, Alienability of Choses in Action, 29 Harv. L. Rev. 816, 822 (1916) (“[C]ommon law lawyers were able, through the device of the ‘power of attorney’ ... to enable the assignee to obtain relief in common law proceedings by suing in the name of the assignor”); 29 R. Lord, Williston on Contracts § 74:2, pp. 214-215 (4th ed. 2003). Compare, e. g., Barrow v. Gray, Cro. Eliz. 551, 78 Eng. Rep. 797 (K. B. 1653), and South & Marsh’s Case, 3 Leo. 234, 74 Eng. Rep. 654 (Exch. 1686) (limiting the use of a power of attorney to cases in which the assignor owed the assignee a debt), with Holdsworth, supra, at 1021 (noting that English courts abandoned that limitation by the end of the 18th century). At the same time, courts of law would permit an assignor to sue even when he had transferred away his beneficial interest. And they permitted the assignor to sue in such circumstances precisely because the assignor retained legal title. See, e. g., Winch v. Keeley, 1 T. R. 619, 99 Eng. Rep. 1284 (K. B. 1787) (allowing the bankrupt assignor of a chose in action to sue a debtor for the benefit of the assignee because the assignor possessed legal, though not equitable, title).
The upshot is that by the time Blackstone published volume II of his Commentaries in 1766, he could dismiss the “ancient common law” prohibition on assigning choses in action as a “nicety ... now disregarded.” 2 Blackstone, supra, at *442.
B
Legal practice in the United States largely mirrored that in England. In the latter half of the 18th century and
Thus, in 1816, Justice Story, writing for a unanimous Court, summarized the practice in American courts as follows: “Courts of law, following in this respect the rules of equity, now take notice of assignments of choses in action, and exert themselves to afford them every support and protection.” Welch v. Mandeville,
It bears noting, however, that at the time of the founding (and in some States well before then) the law did permit the assignment of legal title to at least some choses in action.
C
By the 19th century, courts began to consider the specific question presented here: whether an assignee of a legal claim for money could sue when that assignee had promised to give all litigation proceeds back to the assignor. During that сentury American law at the state level became less formalistic through the merger of law and equity, through statutes more generously permitting an assignor to pass legal title to an assignee, and through the adoption of rules that permitted any “real party in interest” to bring suit. See 6A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 1541, pp. 320-321 (2d ed. 1990) (hereinafter Wright & Miller); see also 9 Corbin, supra, § 47.3, at 137. The courts recognized that pre-existing law permitted an assignor to bring suit on a claim even though the assignor retained nothing more than naked legal title. Since the law
Thus, during the 19th century, most state courts entertained suits virtually identical to the litigation before us: suits by individuals who were assignees for collection only, i. e., assignees who brought suit to collect money owed to their assignors but who promised to turn over to those assignors the proceeds secured through litigation. See, e. g., Webb & Hepp v. Morgan, McClung & Co.,
Of course, the dissent rightly notes, some States during this period of time refused to recognize assignee-forcollection suits, or otherwise equivocated on the matter. See post, at 309 (opinion of Roberts, C. J.). But so many States allowed these suits that by 1876, the distinguished procedure and equity scholar John Norton Pomeroy declared it “settled by a great preponderance of authority, although there is some conflict” that an assignee is “entitled to sue in his own name” whenever the assignment vests “legal title” in the assignee, and notwithstanding “any contemporaneous, collateral agreement by virtue of which he is to receive a part only of the proceeds ... or even is to thus account [to the assignor] for the whole proceeds.” Remedies and Remedial Rights § 132, p. 159 (internal quotation marks omitted; emphasis added). Other contemporary scholars reached the
During this period, a number of federal courts similarly indicated approval of suits by assignees for collection only. See, e. g., Bradford v. Jenks,
Even this Court long ago indicated that assignees for collection only can properly bring suit. For example, in Waite v. Santa Cruz,
Next, in Spiller v. Atchison, T. & S. F. R. Co.,
Similarly, in Titus v. Wallick,
To be clear, we do not suggest that the Court’s decisions in Waite, Spiller, and Titus conclusively resolve the standing question before us. We cite them because they offer additional and powerful support for the proposition that suits by assignees for collection have long been seen as “amenable” to resolution by the judicial process. Steel Co.,
Finally, we note that there is also considerable, more recent authority showing that an assignee for collection may properly sue on the assigned claim in federal court. See, e. g., 6A Wright & Miller § 1545, at 346-348 (noting that an assignee with legal title is considered to be a real party in interest and that as a result “federal courts have held that an assignee for purposes of collection who holds legal title to the debt according to the governing substantive law is the
D
The history and precedents that we have summarized make clear that courts have long found ways to allow assignees to bring suit; that where assignment is at issue, courts— both before and after the founding— have always permitted the party with legal title alone to bring suit; and that there is a strong tradition specifically of suits by assignees for collection. We find this history and precedent “well nigh conclusive” in respect to the issue before us: Lawsuits by assignees, including assignees for collection only, are “cases and controversies of the sort traditionally amenable to, and resolved by, the judicial process.” Vermont Agency of Natural Resources v. United States ex rel. Stevens,
Ill
Petitioners have not offered any convincing reason why we should depart from the historical tradition of suits by assignees, including assignees for collection. In any event, we find that the assignees before us satisfy the Article III
Petitioners argue, for example, that the aggregators have not themselves suffered any injury in fact and that the assignments for collection “do not suffice to transfer the payphone operators’ injuries.” Brief for Petitioners 18. It is, of course, true that the aggregators did not originally suffer any injury caused by the long-distance carriers; the payphone operators did. But the payphone оperators assigned their claims to the aggregators lock, stock, and barrel. See APCC Servs.,
Petitioners next argue that the aggregators cannot satisfy the redressability requirement of standing because, if successful in this litigation, the aggregators will simply remit the litigation proceeds to the payphone operators. But petitioners misconstrue the nature of our redressability inquiry.
The dissent argues that our redressability analysis “could not be more wrong,” because “[w]e have never approved federal-court jurisdiction over a claim where the entire relief requested will run to a party not before the court. Never.” Post, at 302. But federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit. Trustees bring suits to benefit their trusts; guardians ad litem bring suits to benefit their wards;
Petitioners also make a further conceptual argument. They point to cases in which this Court has said that a party must possess a “personal stake” in a case in order to have standing under Article III. See Baker v. Carr,
Petitioners make a purely functional argument, as well. Read as a whole, they say, the assignments in this litigation constitute nothing more than a contract for legal services. We think this argument is overstated. There is an important distinction between simply hiring a lawyer and assigning a claim to a lawyer (on the lawyer’s promise to remit litigation proceeds). The latter confers a property right (which creditors might attach); the former does not.
Finally, we note, as a practical matter, that it would be particularly unwise for us to abandon history and precedent in resolving the question before us. Were we to agree with petitioners that the aggregators lack standing, our holding could easily be overcome. For example, the Agreement could be rewritten to give the aggregator a tiny portion of the assigned claim itself, perhaps only a dollar or two. Or the payphone operators might assign all of their claims to a “Dial-Around Compensation Trust” and then pay a trustee (perhaps the aggregator) to bring suit on behalf of the trust. Accordingly, the far more sensible cоurse is to abide by the history and tradition of assignee suits and find that the aggregators possess Article III standing.
IV
Petitioners argue that, even if the aggregators have standing under Article III, we should nonetheless deny them standing for a number of prudential reasons. See Elk Grove Unified School Dist. v. Newdow,
First, petitioners invoke certain prudential limitations that we have imposed in prior cases where a plaintiff has sought to assert the legal claims of third parties. See, e. g.,
These third-party eases, however, are not on point. They concern plaintiffs who seek to assert not their own legal rights, but the legal rights of others. See, e. g., Warth, supra, at 499 (plaintiff “generally must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of third parties” (emphasis added)); see also Kowalski v. Tesmer,
Second, petitioners suggest that the litigation here simply represents an effort by the aggregators and the payphone
Petitioners also point to various practical problems that could arise because the aggregators, rather than the payphone operators, are suing. In particular, they say that the payphone operators may not comply with discovery requests served on them, that the payphone operators may not honor judgments reached in this case, and that petitioners may not be able to bring, in this litigation, counterclaims against the payphone operators. See Brief for Petitioners 46-48. Even assuming all that is so, courts have long permitted assignee lawsuits notwithstanding the fact that such problems
Finally, we note that in this litigation, there has been no allegation that the assignments were made in bad faith. We note, as well, that the assignments were made for ordinary business purposes. Were this not so, additional prudential questions might perhaps arise. But these questions are not before us, and we need not consider them here.
V
The judgment of the Court of Appeals is affirmed.
It is so ordered.
APPENDIX
Examples of cases in which state courts entertained or otherwise indicated approval of suits by assignees for collection only. References to “Pomeroy’s rule” are references to the statement of law set forth in J. Pomeroy, Remedies and Remedial Rights § 132, p. 159 (1876).
2. Castner v. Austin Sumner & Co.,
3. Cottle v. Cole,
4. Allen v. Brown,
5. Meeker v. Claghorn,
7. Searing v. Berry,
8. Haysler v. Dawson,
9. Grant v. Heverin,
10. Young v. Hudson,
11. Jackson v. Hamm,
13. Anderson v. Reardon,
14. McDaniel v. Pressler,
15. Minnesota Thresher Mfg. Co. v. Heipler,
16. Wines v. Rio Grande W. R. Co.,
17. Greig v. Riordan,
18. Gomer v. Stockdale,
19. Cox’s Executors v. Crockett & Co.,
20. Sroufe v. Soto Bros. & Co.,
21. Ingham v. Weed, 5 Cal. Unreported Cases 645, 649,
22. Citizens’ Bank v. Corkings, 9 S. D. 614, 615, 616,
23. Chase v. Dodge,
24. Roth v. Continental Wire Co.,
25. Manley v. Park,
26. Eagle Mining & Improvement Co. v. Lund, 14 N. M. 417, 420-422,
28. James v. Lederer-Strauss & Co.,
Dissenting Opinion
dissenting.
The majority concludes that a private litigant may sue in federal court despite having to “pass back ... all proceeds of the litigation,” Brief for Respondents 9, thus depriving that party of any stake in the outcome of the litigation. The majority reaches this conclusion, in flat contravention of our cases interpreting the case-or-controversy requirement of Article III, by reference to a historical tradition that is, at best, equivocal. That history does not contradict what common sense should tell us: There is a legal difference between something and nothing. Respondents have nothing to gain from their lawsuit. Under settled principles of standing, that fact requires dismissal of their complaint.
I
Article III of the Constitution confines the judicial power of the federal courts to actual “Cases” and “Controversies.” §2. As we have recently reaffirmed, “[n]o principle is more fundamental to the judiciary’s proper role in our system of government than the constitutional limitation of
Given the importance of ensuring a court’s jurisdiction before deciding the merits of a case, “[w]e have always insisted on strict compliance with th[e] jurisdictional standing requirement.” Raines, supra, at 819. And until today, it has always been clear that a party lacking a direct, personal stake in the litigation could not invoke the power of the federal courts. See Lujan v. Defenders of Wildlife,
Here, respondents are authorized to bring suit on behalf of the payphone operators, but they have no claim to the recovery. Indeed, their take is not tied to the recovery in any way. Respondents receive their compensation based on the number of payphones and telephone lines operated by their clients, see App. 198, not based on the measure of dam
To be sure, respondents doubtless have more than just a passing interest in the litigation. As collection agencies, respondents must demonstrate that they are willing to make good on their threat to pursue their clients’ claims in litigation. Even so, “an interest that is merely a ‘byproduct’ of the suit itself cannot give rise to a cognizable injury in fact for Article III standing purposes.” Vermont Agency, supra, at 773. The benefit respondents would receive — the general business goodwill that would result from a successful verdict, the ability to collect dial-around compensation for their clients more effectively — is nothing more than a byproduct of the current litigation. Such an interest cannot support their standing to sue in federal court. Cf. Steel Co., supra, at 107 (the costs of investigating and prosecuting a substantive claim do not give rise to standing to assert the claim); Diamond v. Charles,
The undeniable consequence of today’s decision is that a plaintiff need no longer demonstrate a personal stake in the outcome of the litigation. Instead, the majority has replaced the personal stake requirement with a completely im
The source of the Court’s mistake is easy to identify. The Court goes awry when it asserts that the standing inquiry focuses on whether the injury is likely to be redressed, not whether the complaining party’s injury is likely to be redressed. See ante, at 286-287. That could not be more wrong. We have never approved federal-court jurisdiction over a claim where the entire relief requested will run to a party not before the court. Never. The Court commits this mistake by treating the elements of standing as separate strands rather than as interlocking and related elements meant to ensure a personal stake. Our cases do not condone this approach.
The Court expressly rejected such an argument in Vermont Agency, where the relator argued that he was “suing to remedy an injury in fact suffered by the United States.”
In Steel Co., the Court similarly rejected a basis for standing that turned on relief sought — the imposition of civil penalties — that was “payable to the United States Treasury,” but not to the plaintiff.
The majority’s view of the Article III redressability requirement is also incompatible with what we said in Raines,
The majority finds that respondents have a sufficient stake in this litigation because the substantive recovery will initially go to them, and “[w]hat does it matter what the ag
II
Given all this, it is understandable that the majority opts to minimize its reliance on modern standing principles and to retreat to a broad, generalized reading of the historical tradition of assignments. But that history does not support the majority’s conclusion.
A
None of the English common-law sources on which the majority relies establishes that assignments of this sort would be permitted either at law or in equity. As the majority’s discussion makes clear, both systems permitted suits brought on assignments — either in equity by an assignee having a beneficial interest in the litigation, or at law by an assignee who had a power of attorney аnd sued in the name of the assignor. See ante, at 276-277. But at all times, suits based on assignments remained subject to the prohibition on champerty and maintenance. See 7 W. Holdsworth, History of English Law 535-536 (1926).
American courts as well understood the common-law rule to require a transfer of interest to the assignee — over and above the “naked right to bring a suit” — that gave the assignee a “valuable right of property.” Traer v. Clews,
So while there is no doubt that at common law, courts of law and equity sought ways of protecting the rights of assignees, they did not do so to the exclusion of the age-long objection to maintenance, which could be found when the assignee lacked a sufficient interest in the subject matter of the litigation. During the common-law period at least, it re
To be sure, the assignments at issue here purport to give respondents “all rights, title and interest” in the payphone operators’ claims for dial-around compensation. App. to Pet. for Cert. 114. But when severed from the right to retain any of the substantive recovery, it is not clear that common-law courts of law or equity would have treated the assigned right to litigate as incidental or subsidiary to the interest represented by the claim itself. Cf. 7 Holdsworth, supra, at 538 (“[I]t was not till certain classes of rights . . . became more freely, assignable in equity, that it became necessary to distinguish between the cases in which assignment was permitted and cases in which it was not; and it is for this reason that we find very little clear authority on these questions till quite modern times”).
I do not take the majority’s point to be that the common-law tradition supplies the answer to this question. As the majority concedes, it was not until the 19th century that “courts began to consider the specific question presented here.” Ante, at 279. But even granting this starting point, the Court’s recitation of the 19th-century tradition fails to account for the deep divergence in practice regarding the right of assignees with no stake in the substantive recovery to maintain an action in court.
Several more States, including some enlisted by the majority, only eventually recognized the right of assignees for collection to sue after taking inconsistent positions on the issue. In fact, the rule regarding assignees for collection only was so unsettled that the Kansas Supreme Court reversed itself twice in the span of 19 years. Compare Krapp v. Eldridge,
The majority’s survey of 19th-century judicial practice thus ignores a substantial contrary tradition during this period. That tradition makes clear that state courts did not regularly “entertai[n] suits virtually identical to the litigation before us.” Ante, at 280. In reality, all that the majority’s cases show is that the question whether assignees for collection could maintain an action in court was hotly con
Commentators have also called attention to the divergent practice. As the majority notes, John Norton Pomeroy observed that “there is some conflict” on the question whether an assignee for collection obligated to “account for the whole proceeds ... is entitled to sue in his own name.” Remedies and Remedial Rights § 132, p. 159 (1876) (internal quotation marks omitted). See also Comment, The Real Party in Interest Rule Revitalized: Recognizing Defendant’s Interest in the Determination of Proper Parties Plaintiff, 55 Cal. L. Rev. 1452, 1475 (1967) (“Nowhere do the courts manifest more confusion than in deciding whether an assignee for collection only is a real party in interest”); Note, 51 Mich. L. Rev. 587, 588 (1953) (observing that “[t]here is, however, little agreement among the courts as to the meaning and purpose of [real party in interest] provisions” and noting that they have been construed “to prevent the owner of the bare legal title to a chose in action from suing”). Indeed, notable legal commentators of the period argued against permitting suits by assignees for collection. See, e. g., 1 J. Kerr, Law of Pleading and Practice § 586, pp. 791-792 (1919) (“[T]he party in whom the legal interest is vested is not always the real party in interest. The real party in interest’ is the party who would be benefited or injured by the judgment in the cause. . . . The rule should be restricted to parties whose interests are in issue, and are to be affected by the decree”).
In Vermont Agency, by contrast, the Court relied on a long and unbroken tradition of informer statutes that reached back to the 14th century and prevailed up to the “period immediately before and after the framing of the Constitution.”
There is certainly no comparable tradition here. The belated innovations of the mid- to late-19th-century courts come too late to provide insight into the meaning of Article III. Although we have sometimes looked to cases postdating the founding era as evidence of common-law traditions, we have never done so when the courts self-consciously confronted novel questions arising from a break in the received tradition, or where the practice of later courts was so divergent. A belated and equivocal tradition cannot fill in for the fundamental requirements of Article III where, as here, those requirements are so plainly lacking.
B
Nor do our own cases establish that we “long ago indicated that assignees for collection only can properly bring suit.” Ante, at 288. (If the majority truly believed that, one would expect the cases to be placed front and center in the Court’s analysis, rather than as an afterthought.) None addressed the requirements of Article III, and so none constitutes binding precedent. See Steel Co., supra, at 91 (“[D]rive-by jurisdictional rulings of this sort... have no precedential effect”); Lewis v. Casey,
In Spiller v. Atchison, T. & S. F. R. Co.,
Nor did the Court address Article III standing requirements in Titus v. Wallick,
C
When we have looked to history to confirm our own Article III jurisdiction, we have relied on a firmly entrenched historical tradition that served to confirm the application of modern standing principles. See Vermont Agency,
But perhaps we should heed the counsels of hope rather than despair. The majority, after all, purports to comрly with our Article III precedents, see ante, at 285-287, so those precedents at least live to give meaning to “the judiciary’s proper role in our system of government” another day, Raines,
Finally, there is the majority’s point that all this fuss could have been avoided for a dollar, see ante, at 289 — a price, by this point, that most readers would probably be happy to contribute. The price will be higher in future standing cases. And when it is — when standing really matters — it would be surprising if the Court were to look to a case in which it did not.
I would vacate the decision of the Court of Appeals and remand for further proceedings.
Notes
Because respondents have failed to demonstrate that they have Article III standing to bring their claims, I do not reach the question whether prudential considerations would also bar their suit.
The majority believes that the examples of trustees, guardians ad litem, receivers, and executors show that “federal courts routinely entertain suits which will result in relief for parties that are not themselves directly bringing suit.” Ante, at 287. None of these examples is pertinent to the question here. “A guardian ad litem or next friend ... is a nominal party only; the ward is the real party in interest . . . .” 6A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 1548, pp. 373-374 (2d ed. 1990). A receiver “is considered to be an officer of the court, and therefore not an agent of the parties, whose appointment is incident to other proceedings in which some form of primary relief is sought.” 12 id., §2981, at 9-10 (2d ed. 1997) (footnote omitted). Trustees hold legal title to the assets in the trust estate and have an independent fiduciary obligation to sue to preserve those assets. The trustee’s discharge of its legal obligation is an independent, personal benefit that supports the trustee’s standing to sue in federal court. The majority’s response that assignees for collection only have a “contractual obligation to litigate,” ante, at 288, is unavailing, because the contractual obligation to sue and remit the proceeds of any recovery was a condition of the assign
In any event, the majority cannot dispute the point that suits by trustees, guardians ad litem, executors, and the like make up a settled, continuous practice “of the sort traditionally amenable to, and resolved by, the judicial process.” Steel Co. v. Citizens for Better Environment,
Blaekstone defined maintenance as the “officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it____ This is an offence against public justice, as it keeps alive strife and contention, and perverts the remedial procеss of the law into an engine of oppression.” 4 W. Blaekstone, Commentaries *134-*135. Champerty “is a species of maintenance, . . . being a bargain with a plaintiff or defendant campum partite, to divide the land or other matter sued for between them, if they prevail at law; whereupon the champertor is to carry on the party’s suit at his own expense.” Id., at *135.
The fact that a bankrupt assignor could sue at law to recover debts for the benefit of an assignee creditor, see ante, at 277 (citing Winch v. Keeley, 1 T. R. 619, 99 Eng. Rep. 1284 (K. B. 1787)), says nothing about the issue in this case. It is of course true that one has standing to sue when the result of a favorable judgment will be the discharge of a debt or other legal obligation. The only legal obligation respondents seek to discharge is the obligation to remit the proceeds of the litigation to the payphone operators. But as explained above, a party lacking the independent right to direct the disposition of the proceeds cannot demonstrate the personal stake required to invoke the authority of an Article III court. See supra, at 304.
The statutes from the American Colonies add nothing to the majority’s historical argument. See ante, at 278-279. Exceptions (some created by statute) to the general rule against assignments at law arose early in the common-law period, including exceptions for executors and administrators of estates, assignees in bankruptcy, negotiable instruments, and assignments involving the sovereign. See 29 R. Lord, Williston on Contracts § 74:2, pp. 214-215 (4th ed. 2003). What none of these exceptions provides for, however, are suits brought by assignees for collection only — i. e., assignees who have no share in the substantive recovery. Such assignees, as the majority acknowledges, did not attract the attention of courts until the 19th century. See ante, at 279.
