We Need Better Rules on Standing

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Late last year, Texas federal district court judge Reed O’Connor ruled that Obamacare was unconstitutional. His reasoning was absurd: because the fine for not having insurance has been reduced to $0—for the time being—it means the individual mandate no longer exists. And since the whole law is based on that, the whole law is now unconstitutional.

Naturally, this has been appealed. But today, the 5th Circuit asked for briefs on whether anyone actually has standing to appeal:

This sort of thing happens too frequently, and the Supreme Court needs to say something about it. It wouldn’t have to overturn decades of jurisprudence about standing, it would just need to slightly liberalize the terms under which states and legislatures can say that they’re affected by a lower court ruling.

I mean, can you imagine what would happen if this were allowed to stand? It would bless the strategy of forum shopping to find a reliably anti-Democratic judge to invalidate Obamacare nationwide, and would then prevent any higher court from hearing an appeal. No democracy can support something like this.

In the end, even if standing were disallowed, I suppose some blue state somewhere would forum shop for its own judge, who would then hand down the opposite ruling. At that point, higher courts would have to take on the substance of the case whether they liked it or not. But it’s still no way to run a railroad.

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THE BIG PICTURE

You expect the big picture, and it's our job at Mother Jones to give it to you. And right now, so many of the troubles we face are the making not of a virus, but of the quest for profit, political or economic (and not just from the man in the White House who could have offered leadership and comfort but instead gave us bleach).

In "News Is Just Like Waste Management," we unpack what the coronavirus crisis has meant for journalism, including Mother Jones’, and how we can rise to the challenge. If you're able to, this is a critical moment to support our nonprofit journalism with a donation: We've scoured our budget and made the cuts we can without impairing our mission, and we hope to raise $400,000 from our community of online readers to help keep our big reporting projects going because this extraordinary pandemic-plus-election year is no time to pull back.

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