Posted 6:18 PM by Jason
All Judicial Review, All the Time!

An ABA committee calls for judicial review of Presidential signing statements?  

"Now, U.S. News has learned, an American Bar Association task force is set to suggest even stronger action. In a report to be released Monday, the task force will recommend that Congress pass legislation providing for some sort of judicial review of the signing statements. Some task force members want to simply give Congress the right to sue over the signing statements; other task force members will not characterize what sort of judicial review might ultimately emerge."

So some in Congress are contemplating a bill that would confer standing to sue on themselves.  Leaving aside political question implications and the complexity of standing doctrine mentioned in the article for the time being, what makes them think that the President would sign their bill?  

Of course I think that conflicts of this sort between Congress and the Executive should be resolved by, well, Congress and the Executive.  It isn't surprising that the ABA would call for more judicial review in general, since it would amount to more work for their members, but if those pushing for this somehow succeed, I wonder how long it will be until they regret it.  

I guess we can just add this to the list of reasons why I will most likely not join the ABA.  

7/24 UPDATE:  Ed Whelan takes on the committee report over at Bench Memos.

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