STATE STANDING AND COOPERATIVE FEDERALISM

States increasingly litigate before die federal courts in lawsuits challenging national policy. Texas Attorney General (now Governor) Greg Abbott is famous for describing his typical day as follows: "I go into the office, I sue the federal government and I go home."1 Although the challenges over the last decade tended to come from the political right including litigation over national healthcare, immigration, and discrimination policy high-profile lawsuits have come from the political left as well. The leading Supreme Court decision on state litigation, Massachusetts v. EPA,2 involved an effort by Massachusetts and eleven other States to force the Bush-era Environmental Protection Agency (EPA) to regulate greenhouse gases under the Clean Air Act. And states have been the lead plaintiffs in recent challenges to President Trump's executive orders restricting entry into the United States for persons from select countries.