Professor Heather Elliott recently told Politico the result of liberals and conservatives swapping sides on the issue of when states can challenge the federal government in court could have unintended consequences.
The court could squelch the case on standing grounds, handing a win to President Barack Obama. At the same time, that could make it more difficult for environmentalists, unions and others to use the courts to challenge the future actions of either a Democratic or Republican president.
“It strikes me as having the right fight on the wrong territory,” said Elliott, a former clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg. “I worry that if groups that support the current administration’s position get too out there with their arguments about standing … that’s going to come back to bite when we have the next change in administration. Now you want to get in the courthouse door, but you’re stuck with the doctrine you’ve set up to keep other people out.”
For more, read “Immigration Prompts Role Reversal at Supreme Court.”
