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This is CBSI and the world. I'm John Baxter with Professor Jonathan Adler, inaugural

of Johan Verheim, Memorial Professor of Law and Director of the Coleman P. Burke Center for Environmental Law at Case Western School of Law.

We've identified the problem, which is lawfare by the Attorney General's, almost like team tackling, the red states, the blue states.

If there's a red state in the White House, you're going to have a blue state team.

Now, lawfare is not a good word. However, what is to be done?

Jonathan, what I learned from you is that you have to concern yourself with people who are actually injured by decisions by the federal government who are blocked out because of these laws.

Is that correct?

I mean, is there no remedy for someone?

Well, I mean, the claim, to get into federal court, one should have to be able to show an

injury.

And in terms of how we reduce this law fair, I think there are three sorts of things that

could be done.

One, certainly the Supreme Court could correct what I think was are three sorts of things that could be done. One, certainly the Supreme

Court could correct what I think was an error. The Supreme Court could restore a more rigorous

test for standing as applied to states so that states could still bring legitimate claims about

state sovereignty and state prerogative, but couldn't try and use bootstrap effects on state citizens as a way of enabling the states to sue. So the Supreme Court could fix it if it wanted to. A second thing is, you know, certainly state attorneys general, and this might be against their interest, could return their focus to protecting and defending state interests.

I mean, it's amazing to me that state attorneys general these days spend more time suing the federal government to try and impose federal policy at a national level, then they do filing suits

...