[EL] Bethune-Hill Rejection of Virginia House Standing

Steven John Mulroy (smulroy) smulroy at memphis.edu
Mon Jun 17 13:46:32 PDT 2019


Re the standing issue in this case.  At first glance, it seems to me that Justice Alito is more correct in saying that a legislative house has an interest in the makeup of its members, and Justice Ginsburg somewhat stretching it to say the opposite.  

I'm wondering what effect if any the list thinks this will have on the ability of the House to pursue judicial remedies in future cases. I'm assuming it won't harm such efforts re: enforcing subpoenas,, because of the separate line of authority about the power to enforce its own subpoenas.   It might vindicate the recent DC dist ct decision dismissing congressional standing to challenge the emergency wall funding (though maybe that's moot, because private parties have been found to have standing).  But what of, say, the Emoluments Clause litigation? Can that be distinguished because the Emoluments Clause expressly requires advance congressional approval before a foreign emolument can be received? (Cross posting on conlaw listserv) 



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