No. of Recommendations: 0
But suppose a federal court lets me file anyway, and issues an order forcing Biden to put jellybeans on his desk. Unlike the initial situation, where I had no actual interest or injury in the case, the analysis turns to whether Biden has an interest or injury in the outcome of that decision. And he clearly does. Biden's interests are concrete, specific to him, and require him (as the aggrieved party) to take an action. So now there is an interest or injury that a party can allege to invoke the jurisdiction of the court.
I'm fuzzy on this. Could not Biden raise the question of standing in the original filing? Even if I can, and win that way, I would consider it too risky to not address the issue presented about the jelly beans. So I'd do both.
