Article III of the Constitution charges federal courts to adjudicate actual cases and controversies. Within that requirement, O"Connor maintained that the separation of powers principle is defined. She went on to say that the law of standing is built on a single idea, the separation of powers. .
O"Connor argued that the judicial branch should not infringe upon the duties and functions of the other branches. In essences, this case called to question the inaction of the IRS which fell under the supervision of the executive branch. Therefore, the Court avoided addressing the vital social issue by using the respondents" lack of standing as an out. .
The respondents" strategy was problematic because they attempted to apply standing in an area where the Court has historically demonstrated that standing is difficult, if not impossible, to claim. O"Connor argued that the Court has consistently held that an asserted right to have the Government act in accordance with the law is not sufficient it and of itself to confer jurisdiction on a federal court. Although one would think that ensuring that the government agencies fulfill its legal duties would be a reasonable function of the judiciary, O"Connor stated otherwise. She maintained that it was the Executive branch's .
duty to take care that the laws are faithfully executed, and the judiciary should only intervene in limited circumstances. It was obvious that O"Connor was sympathetic to the respondents" position.
O"Connor gave the respondents indirect guidance on how it should have challenged the IRS's alleged failure to adopt sufficient standards and procedures to fulfill its obligation to deny tax-exempt status to racially discriminatory private schools. She enumerated what the respondents did not allege which, interestingly, would have given them standing and possibly a favorable outcome. O"Connor stated that the respondent did not allege that their children have been victims of discriminatory exclusion from the schools whose tax exemptions that they challenged as unlawful.
