R44450 – House of Representatives v. Burwell and Congressional Standing to Sue – 2016-09-16

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House of Representatives v. Burwell and Congressional Standing to Sue

SKU: R44450-2016-09-16 Category: Tag:

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Author: Alissa M. Dolan, Legislative Attorney
Pages: 24

This report discusses one such preliminary question: whether or not an authorized house of Congress has standing to sue the executive branch regarding the manner in which it executes the law. Generally, to participate as party litigants, all plaintiffs, including congressional plaintiffs, must demonstrate that they meet the requirements of the standing doctrine, derived from Article III of the Constitution. The failure to satisfy the standing requirements is fatal to the litigation and will result in its dismissal without a decision by the court on the merits of the presented claims.

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