A few days ago, the D.C. Circuit sent the East Wing case back down to Judge Leon. In my view, the plaintiffs clearly have no standing. Judge Rao's separate opinion cogently explains why.
Judge Leon, undeterred, ruled against Trump again! The White House can continue with "underground" construction but not "aboveground" construction! I suppose Judge Leon is an expert in construction, as he seems to think these two levels can be separated! His new order had fewer exclamation points, but he still declined to address standing. Should this case get to SCOTUS, it will be very easy for the proceduralists to smack down this ruling on standing grounds.
Indeed, even President Trump gets the standing analysis. In a series of social media posts, Trump explains why the plaintiffs in this case lacks standing. I never know how much of Trump's tweets are his and how much come from his lawyers. But at a minimum, these postings (which seem to have been made aboard Air Force One) suggest Trump understands the jurisdictional issues.
