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Honoring Dan Meltzer—Congressional Standing And The Institutional Framework Of Article Iii: A Comparative Perspective, Vickie C. Jackson

Notre Dame Law Review

In this short Essay, I focus on only one aspect of the broader question of government standing to sue: congressional standing. For one thing, separation of powers problems are more acutely presented in federal level disputes.

Given an increased interest by parts of the Congress, especially the House of Representatives, in seeking to intervene in ongoing litigation, there are pressing new issues in the lower federal courts: U.S. District Court Judge Rosemary Collyer recently upheld congressional standing to challenge an asserted violation of the Appropriations Clause in connection with spending under the Affordable Care Act, while rejecting the House’s standing …