4 ms·
The court didn't find the HEROES Act unconstitutional; instead, they found that the executive action was not within the language of the HEROES Act. It's pretty
by aluminum96 3y ago
The court didn't find the HEROES Act unconstitutional; instead, they found that the executive action was not within the language of the HEROES Act.
It's pretty bad, in my opinion, that the court even reached the merits, because the plaintiffs obviously do not have standing. None of the states were able to show direct financial injury. Instead, they tried to use Missouri's financial interest in MOHELA as the basis for standing. But then why didn't MOHELA itself join the lawsuit?
SCOTUS reached the merits because they wanted to strike the program down, and this is becoming a theme with the current court. A court that doesn't concern itself with technical correctness is no court at all, but rather a legislature.