Blumenthal v. Trump

Emmet G. Sullivan, United States District Judge

I. Introduction

When Members of Congress sue the President in federal court over official action, *50a court must first determine whether the dispute is a "Case" or "Controversy" under Article III of the United States Constitution, rather than a political dispute between the elected branches of government. A critical part of this inquiry is whether the plaintiffs have legal standing to bring the action. Whether legislators have standing to sue often turns on whether they can obtain the remedy they seek from the court from fellow legislators. When a…