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Standing

Originalism

Meanings, Intentions, Original Law

Another way to understand what originalists are doing.

Stephen Sachs |The Volokh Conspiracy | 3.12.2021 12:57 PM

Affordable Care Act

The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated (Updated)

If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge.

Jonathan H. Adler |The Volokh Conspiracy | 2.5.2021 4:00 PM

Supreme-Court-building-Wikimedia

Supreme Court

Thoughts on the Supreme Court's Unanimous Rejection of the Texas Election Lawsuit

The Court made the right decision and demonstrated its independence. But it may not still claims that the election was somehow stolen from Trump.

Ilya Somin |The Volokh Conspiracy | 12.11.2020 7:43 PM

Obamacare

Affordable Care Act

Audio of my Recent Federalist Society Teleforum on the Supreme Court Oral Argument in California v. Texas—the Obamacare "Severability" Case

It is now available online for free.

Ilya Somin |The Volokh Conspiracy | 11.24.2020 4:27 PM

Affordable Care Act

ACA: The Lay of the Land

Where things stand after oral argument.

Stephen Sachs |The Volokh Conspiracy | 11.13.2020 7:32 AM

Affordable Care Act

Standing to Challenge the Individual Mandate

Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas.

Jonathan H. Adler |The Volokh Conspiracy | 11.9.2020 9:16 PM

Border Wall 2

Border wall

DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall

The opinion was written by prominent conservative Judge David Sentelle.

Ilya Somin |The Volokh Conspiracy | 9.26.2020 3:51 PM

Administrative Law

D.C. Circuit Rejects FCC-Imposed Conditions on Charter-Time Warner Merger

The FCC did not even seek to defend its authority to impose the conditions.

Jonathan H. Adler |The Volokh Conspiracy | 8.17.2020 11:11 AM

Standing

En Banc D.C. Circuit Concludes House Has Standing to Enforce Subpoena in Court (Updated)

At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.

Jonathan H. Adler |The Volokh Conspiracy | 8.7.2020 11:11 AM

Supreme Court

Participants in Defined-Benefit Retirement Plan Lack Standing to Sue Over Alleged Mismanagement

The Supreme Court shows a willingness to enforce limits on Article III standing.

Jonathan H. Adler |The Volokh Conspiracy | 6.1.2020 11:12 PM

Standing

Justice Thomas Takes Aim at State Standing

In a brief exchange during a recent oral argument, the Justice suggested the Court should reconsider giving states "special solicitude" under Massachusetts v. EPA

Jonathan H. Adler |The Volokh Conspiracy | 5.15.2020 5:02 PM

Affordable Care Act

The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly

The plaintiffs' quarrel is with the statute book, not the defendants.

Stephen Sachs |The Volokh Conspiracy | 12.19.2019 11:33 AM

Obamacare

NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.

An important element of standing has already been decided by the Court

Randy E. Barnett |The Volokh Conspiracy | 7.8.2019 9:30 AM

Yemen War

Yemen

Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War

A letter signed by a wide range of scholars with different political and jurisprudential views urges Congress to sue to end illegal US involvement in the Yemen conflict.

Ilya Somin |The Volokh Conspiracy | 6.10.2019 7:41 PM

Border Wall 2

Border wall

Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing

The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.

Ilya Somin |The Volokh Conspiracy | 6.3.2019 11:58 PM

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