That makes two high-profile cases in two weeks in which justices from across the ideological spectrum have been vexed by the weakness of the plaintiffs' claims for standing. Both cases were filed in single-judge divisions in the Fifth Circuit. That's ... not a coincidence.
See also United States v. Texas from last term, which had ... the exact same setup: supremecourt.gov/opinions/22pdf…
@steve_vladeck @MuellerSheWrote What is the other case?
@steve_vladeck @nycsouthpaw Will the “judge shopping” legislation have any effect on ongoing cases? Or is it too late to make a difference?
@steve_vladeck But have you considered that remedying this at the assignment stage rather than through Supreme Court error correction would be ... too partisan? 😪
@steve_vladeck For those who are interested, here is the transcript of today’s oral argument: supremecourt.gov/oral_arguments…