Will Baude

Biden versus Nebraska.

Yeah, there's a bunch of examples.

So the realignment's going on.

It's just the thing about the realignment is the justices have been on the court for a while.

So some of them have taken positions that are

It's not irreconcilable, but, you know, make you wonder.

I'm not sure about that.

I think, I guess here's what I think is going on, is I think the opinion closes with this, in the court I said before, after the dinkus.

Courts sometimes make standing law more complicated than it needs to be.

I think that is definitely one of the main messages of the court standing cases.

And we talked about this at the end of last term with like the common sense principle and diamond alternative energy.

I think the standing law has gotten complicated and all the justices are maybe trying to apply a little more common sense to it.

But the thing about applying common sense to a doctrinally intricate area of law with a lot of fact patterns is that it's actually kind of hard to, like, just common sense your way through it.

Yeah.

Yeah.

So, I think this is probably right.

Like, I would say the real inquiry is who is the proper party.

That's sort of what Caleb Nelson has described as the kind of original inquiry.

And I think it seems right that the proper party to challenge election rules are the candidates.

But I would have said that about some other cases where the court didn't think they were standing.