that challenge to DHS’ enforcement priorities. That’s a major victory for the Biden administration, which should no longer be bedeviled by these lawsuits. What’s more, language in the majority opinion suggests that red state lawsuits against other Biden policies are in serious trouble, as well. Kavanaugh cast doubt upon
, the 2007 decision that Republican attorneys general have used to justify all of their suits against Biden.said that states deserve “special solicitude” in standing analysis because of their “quasi-sovereign interests.” But Kavanaugh not-so-subtly noted the many “disagreements” with that logic. The justice also wrote that states do not have standing to challenge federal policies just because they “generate indirect effects” on a state’s “revenues” or “spending.
If just two liberal justices agree with Gorsuch’s critique, then there will be five votes to rein in out-of-control judges like Drew Tipton and. Still, it is understandable, that the liberals took the narrower route in this case: If the court abolishes nationwide injunctions now, they will be unavailable to use against the next Republican president, regardless of how brazenly he violates the law.
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