Would a Court Hear a Challenge to Congress’s Article V Convention Call?

Having reviewed the most prominent cases regarding the justiciability of Article V claims, today I will analyze how a court would approach the hypothetical lawsuit discussed in an earlier post. In that case Congress calls a convention based on 34 applications for a balanced budget amendment convention and the validity of this congressional action is challenged in federal court. As this recent New York Times article notes, such a “court battle” is likely to ensue once Congress calls a convention. But how would this lawsuit arise and would a court reach the merits of the claims?

Below I address justiciability hurdles and related pitfalls that such a lawsuit would face.

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