On September 25, 2020, the D.C. Circuit issued an opinion ruling that the U.S. House of Representatives has standing to challenge the Executive Branch’s alleged violations of the Appropriations Clause in using unappropriated federal funds to construct a border wall.
Robbins Russell filed an amicus brief on behalf of eight former general counsels for the U.S. House of Representatives supporting the House’s standing. Drawing on historical and legal analysis from Robbins Russell’s brief, the D.C. Circuit held that “expenditures made without the House’s approval—or worse, as alleged here, in the face of its specific disapproval—cause a concrete and particularized constitutional injury that the House experiences, and can seek redress for, independently.” The opinion is the first opinion by an appellate court concerning either House of Congress’s standing to sue over violations of the Appropriations Clause.
The brief was prepared by Robbins Russell attorneys Larry Robbins, Hunter Smith, and Carolyn Forstein, and former Robbins Russell attorney Megan Browder.