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Legislative Exhaustion, Michael Sant’Ambrogio
Legislative Exhaustion, Michael Sant’Ambrogio
William & Mary Law Review
Legislative lawsuits are a recurring by-product of divided government. Yet the Supreme Court has never definitively resolved whether Congress may sue the executive branch over its execution of the law. Some scholars argue that Congress should be able to establish Article III standing when its interests are harmed by executive action or inaction just like private parties. Others, including most prominently the late Justice Antonin Scalia, argue that intergovernmental disputes do not constitute Article III “cases” or “controversies” at all. Rather, the Framers envisioned the political branches resolving their differences through nonjudicial means.
This Article proposes a different approach to …
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
Abusing Standing: Furthering The Conservative Agenda, David A. Domansky
William & Mary Law Review
No abstract provided.