On the recordFebruary 25, 2014
The Supreme Court in Raines v. Byrd made it clear that if Members want to assert an institutional injury, the executive's act must effectively nullify a prior act of Congress.
Source
congress.govThe Supreme Court in Raines v. Byrd made it clear that if Members want to assert an institutional injury, the executive's act must effectively nullify a prior act of Congress.
Gerlach references a Supreme Court case regarding Congressional authority.
Share
More from Jim Gerlach
Explicit authorization for litigation is critically important because what it does is it signals to the Court that the institution as an institution believes it has been injured.
I am really stunned, too, by the lack of responsiveness by CMS on this issue over the years.
The President, through his actions on the ACA, as well as other areas of executive action, is fundamentally altering the delicate constitutional balance among the 3 branches of our Federal system.