National Review
The strategy depends on successfully establishing that the House of Representatives has “standing” to sue the president. Only one criterion is provided by the Constitution: identification of an injury-in-fact, in this case the apparent nullification of Congress’s institutional power. Showing this, Foley and Rivkin say, is the easy part. But they suggest that the courts have identified three additional factors ...
The first plus-factor criterion is to demonstrate the lack of a private plaintiff. In Foley’s and Rivkin’s characterization, the president’s actions are “benevolent” suspensions of law — that is, they are specially intended to assist particular groups (young immigrants or small businesses, for example). Because assisting certain people was the president’s aim, no individuals have suffered sufficient injury to have standing to sue.
