Showalter Quoted on SCOTUS Rulings Questioning States’ Standing on National Issues

Partner J. Michael Showalter was quoted on the US Supreme Court ruling in Haaland v. Brackeen, which upheld the Indian Child Welfare Act.

Mike said that a noteworthy part of the decision is the majority ruling’s footnotes from Justice Amy Barrett that questioned the states’ standing on the issue and showed the Court’s skepticism of state activism regarding national issues.

"The court retrenching around that and saying states aren't special here is very interesting to me," he said. "Having to have standing is a really good thing for policymaking."

Mike said an exception is the Court’s decision in Biden v. Nebraska that Missouri, but not private plaintiffs, had standing to challenge student loan debt relief based on the financial impact to a state-created loan servicer.

However, he noted that overall, the Court had a more cautious and stable term.

"The judges have not reached out on a limb quite as far as they did at the end of last term," Mike said. "The concept that there are red-team and blue-team justices just doesn't always align. It may be true with issues like abortion, but there are shifting coalitions here. It's not just three liberals and six conservative justices."

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