The First Significant Lawsuit Challenging Biden's Student Loan Forgiveness Plan [Updated]
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
Standing
Does Anyone Have Standing to Bring a Lawsuit Against Biden's Student Loan Debt Cancellation Policy?
The likely answer is "yes." There are three types of potential litigants who probably qualify.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
Thoughts on the Supreme Court's Texas Abortion Ruling - and How to Prevent it From Setting a Dangerous Precedent
The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
Collins, California, and Standing-as-Usual: A Response to Josh Blackman
No, Justice Alito's opinion for the Court did not endorse standing-through-inseverability.
Three Years Worth of Blogging on California v. Texas
A handy index of my writing on this improbable ACA challenge.
What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision
A slightly deeper dive into today's California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.
My Washington Post Op Ed on Today's Supreme Court Obamacare Decision
The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.
Preliminary Thoughts on California v. Texas
The Supreme Court ruled the right way, but arguably for the wrong reason.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Meanings, Intentions, Original Law
Another way to understand what originalists are doing.
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.
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.
Standing to Challenge the Individual Mandate
Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas.
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.
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.
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.
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.
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
The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly
The plaintiffs' quarrel is with the statute book, not the defendants.
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
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.
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.
