DOJ: Congress Can Never Litigate Against the President in Federal Court

The Department of Justice (DOJ) on Friday argued that federal courts have absolutely no role in resolving disputes between the executive branch and Congress. The judges hearing those arguments appeared to be largely skeptical of the administration’s audacious claims.

Judge Thomas B. Griffith started the day’s proceedings by referring to Raines v. Bird, a 1997 Supreme Court case which effectively held that individual members of Congress do not have automatic standing to litigate the constitutionality of certain statutes simply by virtue of their being elected to Congress.

“In your view, when may Congress–or a chamber of Congress–assert an institutional injury?” Griffith asked DOJ attorney Hashim Mooppan.

The DOJ replied with a broad statement against such claims:

We don’t think they
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