Liberals' Stand on 'Standing' May Depend on Where They Sit
4:33 PM, Jul 11, 2014 • By ADAM J. WHITE
So the Constitution allows Congress to give animals standing, but it denies Congress standing to bring lawsuits of its own? You do not need a law degree to recognize what's happening here.
It's particularly interesting to see Sunstein use the same basic rhetorical approach on both sides of the argument. Years ago, when liberal groups were the ones bringing lawsuits, Sunstein argued that judges "sincerely committed to the original understanding of the Constitution" must reject modern standing rules. But now, when House Republicans want to bring a lawsuit against President, "fidelity to the Constitution" would deny Congress standing to sue.
Yes, constitutional rules of standing exist for good reason; federal courts are forums for real cases and controversies, not mere political arguments. So it's not unfair to debate whether Congress would have standing to bring this lawsuit against the president. But let's have that debate with at least some measure of seriousness and sincerity.
Recent Blog Posts