Both Ari Berman and Dashiell Bennett find reason to question Justice Scalia’s extensive critique of the judiciary’s “jaw-dropping” disregard of its “respected co-ordinate branches” in today’s invalidation of a Congressional statute.

To be clear, there was a serious issue of standing in today’s DOMA decision that wasn’t precisely present in Shelby County (Shelby County faced concrete injury, even if there was reason to question its propriety in bringing a facial challenge), but there were serious standing issues in Fisher that received nary a mention.  And all three cases involved judicial review of a considered legislative decision.