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0 tracked cards Constitutional Law

A trade association of independent pharmacies challenged a state rule requiring pharmacies to disclose customer records to a state database. The association alleges that several named member pharmacies must comply next month, that the suit concerns patient privacy and pharmacy regulation, and that the association seeks only declaratory and injunctive relief. The state argues that the association cannot sue because the affected pharmacies are not named as plaintiffs.
Which statement best describes whether the association may sue on behalf of its members?

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The association may sue only if it proves at the pleading stage that it will win the underlying statutory claim. The association may sue whenever its board votes to litigate, even if no member has suffered or will suffer a concrete injury. The association may sue if at least one member would have standing, the interests asserted are germane to the association's purpose, and neither the claim nor the requested relief requires individual member participation. The association may sue only if every member would independently have standing to bring the same claim.

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