3
Although the majority appears to recognize as much, see,
e.g., Majority Op. at 19–20, it gives short shrift to the fact that
an injury must therefore be “personal, particularized, concrete,
and otherwise judicially cognizable,” Raines, 521 U.S. at 820
(emphasis added), “to ensure that federal courts do not exceed
their authority as it has been traditionally understood,” Spokeo,
136 S. Ct. at 1547. Legislative bodies are not exempt from the
requirement that “an injury must be ‘legally and judicially
cognizable,’” Va. House of Delegates v. Bethune-Hill, 139
S. Ct. 1945, 1953 (2019) (quoting Raines, 521 U.S. at 819), and
Article III standing may be wanting if, after “consult[ing]
history and judicial tradition,” Ariz. State Legislature v. Ariz.
Indep. Redistricting Comm’n, 135 S. Ct. 2652, 2695 (2015)
(Scalia, J., joined by Thomas, J., dissenting), the dispute is not
“of the sort traditionally amenable to, and resolved by, the
judicial process,” Steel Co. v. Citizens for a Better Env’t, 523
U.S. 83, 102 (1998). Simply put, we must consider whether the
Committee’s “attempt to invoke the power of a federal court
. . . is consistent with the structure created by the Federal
Constitution” and “[a]n interest . . . that is inconsistent with that
structure may not be judicially cognizable.” Bethune-Hill, 139
S. Ct. at 1959 (Alito, J., joined by Roberts, C.J., Breyer, J., and
Kavanaugh, J., dissenting).
I continue to believe the longstanding practice of resolving
political disputes without judicial intervention counsels against
the Committee’s standing here. “[T]he Constitution established
that ‘[j]udicial power could come into play only in matters that
were the traditional concern of the courts at Westminster,’” Vt.
Agency of Nat. Res. v. United States ex rel. Stevens, 529 U.S.
765, 774 (2000) (second alteration in original) (quoting
Coleman v. Miller, 307 U.S. 433, 460 (1939) (Frankfurter, J.,
dissenting)), and “[c]ertainly neither the houses of Parliament
nor the British monarchs ever considered submitting their
disputes to the courts,” JOSH CHAFETZ, CONGRESS’S