Sitting in Congress and Standing in Court: How Presidential Signing Statements Open the Door to Legislator Lawsuits

Abstract

Federal courts have struggled to establish a consistent doctrine regarding when legislators have standing to sue in their official capacity. Presidential signing statements add a new element to this often unclear area of law. This Note argues that signing statements do not reach the level of vote nullification, the only injury that the Supreme Court has held sufficient for legislator standing. Despite this, signing statements can potentially injure legislators in a concrete and particularized manner sufficient for standing. When the President asserts the right to deny legislators information to which they are statutorily entitled, and follows through with that assertion, legislators who desire to challenge that action in federal court should be granted standing.