Notice & Comment

Author: Richard Pierce

Notice & Comment

Standing Law Is Inconsistent and Incoherent

Several scholars that I respect urged me to look at the Supreme Court’s most recent standing decisions to decide whether I agree with their belief that they signal a major change in the way the Court decides standing cases. This essay summarizes the results of my review of those decisions. I have long considered standing […]

Notice & Comment

Biden v. Texas Is a Step in the Right Direction

In its August 24 order in Biden v. Texas, the Supreme Court upheld a Fifth Circuit decision that refused to stay the preliminary injunction that a district court had issued that prohibited the Biden administration from rescinding the “stay in Mexico” policy that the Trump administration had implemented. I dislike the Court’s decision in the […]