Page:United States v. Texas (2023).pdf/59

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Cite as: 599 U. S. ____ (2023)
17

Alito, J., dissenting

as the Court acknowledges when it invokes Heckler directly, that decision is not about standing; it is about the interpretation of the statutory exception to APA review for actions “committed to agency discretion by law.” 5 U. S. C. §701(a)(2); see 470 U. S., at 823; ante, at 11. And even in that context, Heckler expressly contemplates that any “presumption” of discretion to withhold enforcement can be rebutted by an express statutory limitation of discretion—which is exactly what we have here. 470 U. S., at 832–833.

So rather than answering questions about this case, the majority’s footnote on Massachusetts raises more questions about Massachusetts itself—most importantly, has this monumental decision been quietly interred? Cf. ante, at 3 (Gorsuch, J., concurring in judgment).

Massachusetts v. EPA is not the only relevant precedent that the Court brushes aside. “[I]t is well established that [this Court] has an independent obligation to assure that standing exists, regardless of whether it is challenged by any of the parties.” Summers v. Earth Island Institute, 555 U. S. 488, 499 (2009). Yet in case after case, with that obligation in mind, we have not questioned the standing of States that brought suit under the APA to compel civil enforcement.

In Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U. S. ___ (2020), two States sued under the APA and sought to compel the Department of Health and Human Services to cease exercising regulatory enforcement discretion that exempted certain religious employers from compliance with a contraceptive-coverage mandate. Id., at ___–___ (slip op., at 11–12). The issue of the States’ standing was discussed at length in the decision below, see Pennsylvania v. President United States, 930 F. 3d 543, 561–565 (CA3 2019), and in this Court, no Justice suggested that the Constitution foreclosed standing simply because the States were complaining of “the Execu-