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Cite as: 600 U. S. ____ (2023)
7

Kagan, J., dissenting

all its varied interests. §173.385.1(3); see supra, at 5. Indeed, before this case, Missouri had never tried to appear in court on MOHELA’s behalf. That is no surprise. In the statutory scheme, independence is everywhere: State law created MOHELA, but in so doing set it apart.

The Missouri Supreme Court itself recognized as much in addressing a near-carbon-copy state instrumentality. MOHEFA (note the one-letter difference) issues bonds to support various health and educational institutions in the State. Like MOHELA, MOHEFA is understood as a “public instrumentality” serving a “public function.” Menorah Medical Center v. Health and Ed. Facilities Auth., 584 S. W. 2d 73, 76 (Mo. 1979). And like MOHELA, MOHEFA has a board appointed by the Governor and sends annual reports to a state department. See Mo. Rev. Stat. §§360.020, 360.140 (1978); ante, at 9 (suggesting those features matter). But the State Supreme Court, when confronted with a claim that MOHEFA’s undertakings should be ascribed to the State, could hardly have been more dismissive. The court thought it beyond dispute that MOHEFA “is not the [S]tate,” and that its activities are not state activities. Menorah, 584 S. W. 2d, at 78. Citing MOHEFA’s financial and legal independence, the court explained that “[s]imilar bodies have been adjudged as ‘separate entities’ from” Missouri. Ibid. MOHELA is no different.

Under our usual standing rules, that separation would matter—indeed, would decide this case. A plaintiff, this Court has held time and again, cannot rest its claim to judicial relief on the “legal rights and interests” of third parties. Warth, 422 U. S., at 499. And MOHELA qualifies as such a party, for all the reasons just given. That MOHELA is publicly created makes not a whit of difference: When a “government instrumentalit[y]” is “established as [a] juridical entit[y] distinct and independent from [its] sovereign,” the law—including the law of standing—is supposed to treat it that way. Bancec, 462 U. S., at 626–627; see Sloan