[JRandomFreeper]

The States, under Art. III of the Constitution, can go directly to the Supreme Court. The Congress can't do that.

The Constitution gives States standing, and the Supreme Court original jurisdiction.

/johnny

[Starstruck]

The States, under Art. III of the Constitution, can go directly to the Supreme Court.

But in practice if the court doesn't issue a writ of certiorari the cases are filtered through the circuit courts which sometimes rule lack of standing see Mass vs EPA. The Supreme Court ruled by 5-4 that Massachusetts did have standing to sue. (Roberts, Alito, Scalia and Thomas voted against standing). That is why I'm in favor of a tactic making the suit go the opposite direction.