Why Did Justice Alito Not Address the Huge Standing Issue in Yesterday’s Pennsylvania Case?

Yesterday I wrote about the Supreme Court order in the Pennsylvania case and Justice Alito’s separate statement strongly suggesting the PA Supreme Court acted unconstitutionally in taking power away from the state legislature.

It’s a controversial theory but I want to put that to one side and raise the point that the PA Legislature did not file this cert. petition nor did legislative leaders (who were on an earlier stay request, but not this cert. petition).

Isn’t the lack of standing, which I flagged earlier, reason enough to defeat this claim? That is, how can the party complain about the loss of the Legislature’s purported rights?


Comments are closed.