Codger on Politics

Saturday, June 21, 2014

The will to act

http://www.washingtonpost.com/opinions/george-f-will-stopping-a-lawless-president/2014/06/20/377c4d6e-f7e5-11e3-a3a5-42be35962a52_story.html

"Courts, understandably fearful of being inundated by lawsuits from small factions of disgruntled legislators, have been wary of granting legislative standing. However, David Rivkin, a Washington lawyer, and Elizabeth Price Foley of Florida International University have studied the case law and believe that standing can be obtained conditional on four things:

That a majority of one congressional chamber explicitly authorizes a lawsuit. That the lawsuit concern the president's "benevolent" suspension of an unambiguous provision of law that, by pleasing a private faction, precludes the appearance of a private plaintiff. That Congress cannot administer political self-help by remedying the presidential action by simply repealing the law. And that the injury amounts to nullification of Congress's power."

This needs to pressed in every instance, and should therefore produce cause "being inundated by lawsuits "

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