Sessions Information

  • January 4, 2017
    1:30 pm - 3:15 pm
    Session Type: Section Programs
    Session Capacity: 427
    Hotel: Hilton San Francisco Union Square
    Room: Continental Ballroom 4
    Floor: Ballroom Level

    Inter-governmental litigation can take many forms: horizontal disputes between federal government institutions, horizontal disputes between state governmental institutions, and vertical disputes between federal and state institutions. Possible justiciability constraints on such litigation include limitations on standing, a possible requirement of institutional ripeness, and the political question doctrine. Such constraints have become matters of particular interest in light of both recent Supreme Court decisions (such as United States v. Windsor, in which a group representing the House of Representatives sought to defend the federal Defense of Marriage Act; and the Arizona Independent Redistricting decision, which held that the Arizona legislature had standing to challenge a state initiative concerning gerrymandering), as well as pending litigation (including United States v. Texas, which involves a challenge by the state of Texas to the Obama administration’s deferred action program for immigration enforcement; and House of Representatives v. Burwell, in which the federal district court in Washington, D.C. held that the House of Representatives had standing to challenge the Obama administration’s expenditure of unappropriated funds in support of the Affordable Care Act). This panel will consider both specific questions concerning how these justiciability limitations should operate in practice as well as broader methodological questions.            

Session Speakers
Duke University School of Law

William & Mary Law School

Harvard Law School

Columbia Law School

Duke University School of Law

Session Fees
  • [4320] Federal Courts: $0.00