Today the Harvard Law Review has published its issue on the Supreme Court's October 2022 Term, and Will Baude and I have a case comment on Biden v. Nebraska and more generally on standing doctrine in the term. The piece is called Proper Parties, Proper Relief.
HLR case comments are about the case, but they're also about the big ideas behind the case, and one exemplar of that is Michael McConnell's famous case comment from 1997: Institutions and Interpretation: A Critique of City of Boerne v. Flores.
So in thinking about what the piece covers, consider three concentric circles. The narrowest is Biden v. Nebraska: was there standing for the states to sue to stop the Biden Administration's (first) student-loan relief plan? A second circle is broader: what are the circumstances in which a state is able, or should be able, to sue the national government? A third circle is broader still, and it's the first principles of standing doctrine: What is the core of standing? What is it good for? What exactly is the point?
