Page:United States v. Texas (2023).pdf/44

2 standing to bring this suit.

Nevertheless, the United States (the defendant in this case) has urged us to put this framework aside and adopt a striking new rule. At argument, the Solicitor General was asked whether it is the position of the United States that the Constitution does not allow any party to challenge a President’s decision not to enforce laws he does not like. What would happen, the Solicitor General was asked, if a President chose not to enforce the environmental laws or the labor laws? Would the Constitution bar an injured party from bringing suit? She responded:

"“That’s correct under this Court’s precedent, but the framers intended political checks in that circumstance. You know, if—if an administration did something that extreme and said we’re just not going to enforce the law at all, then the President would be held to account by the voters, and Congress has tools at its disposal as well.” Tr. of Oral Arg. 50 (emphasis added)."

Thus, according to the United States, even if a party clearly meets our three-part test for Article III standing, the Constitution bars that party from challenging a President’s decision not to enforce the law. Congress may wield what the Solicitor General described as “political … tools”—which presumably means such things as withholding funds, refusing to confirm Presidential nominees, and impeachment and removal—but otherwise Congress and the American people must simply wait until the President’s term in office expires.

The Court—at least for now—does not fully embrace this