WASHINGTON POST
by Eugene Kontorovich
September 10, 2015

Many observers have assumed that despite the deep legal infirmities in the White House’s Iran deal, there is no way to secure judicial review of it. In fact, there are at least two paths to invalidating any sanctions relief implemented by the president – a lawsuit by a House of Congress, or action involving state sanctions laws. [Path 1] Yesterday a D.C. Federal district court issued a landmark ruling in House of Representatives v. Burwell, upholding the House of Representatives standing to challenge Executive action under the Affordable Care Act. The question of institutional legislative standing is a fairly novel one, and thus this is an important decision. Whether it survives on appeal, the decision creates a major and previously unanticipated opening for a congressional lawsuit challenging the Joint Comprehensive Plan of Action. The constitutional argument would focus on the non-transmission of documents required under the Iran Nuclear Agreement Review Act of 2015 (the Corker-Cardin deal), which would seem to satisfy the standing test established by the district court. READ MORE