No Standing to Challenge the Mandate

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. Bryan Gividen says:

    I am not at all well-versed in state standing doctrine, but I know that the Florida opinion featured private litigants in addition to the state. Do you think there is a stronger case for the private litigants than there is for the state? Or are you of the opinion that all litigants fail for ripeness?

  2. Howard Wasserman says:

    The amicus arguing lack of standing makes the point that private litigants are appropriate plaintiffs (at least at some point–it takes no position on current ripeness), just not the states.