On June 3, U.S. District Judge Trevor N. McFadden ruled (open .pdf) that the House of Representatives lacks standing to challenge the President’s use of emergency powers to build a border wall. The judge cited two articles of interest: “Congress's (Limited) Power to Represent Itself in Court” (SSRN), an articled co-authored by Professor Tara Leigh Grove and Professor Neal Devins, and published in the Cornell Law Review. Judge McFadden also cited Professor Grove’s forthcoming article in the University of Pennsylvania Law Review, “Government Standing and the Fallacy of Institutional Injury” (SSRN).
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The professors noted the support provided by student research assistants Jennifer Casazza, Joe Figueroa, Bryan Gividen, Brian Holland, Mary Kate Hopkins, Sam Mann, Justin Morgan, Nandor Kiss, and Jim Zadick for the article in the Cornell Law Review, and Jonathan Barsky and Kelsey Gill for the University of Pennsylvania Law Review article.
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