If I understand the attorneys-general' strategy correctly, they're recycling the same standing argument that the 5th circuit upheld in Texas v. US, just in pursuit of a different objective. Of course a circuit split could ensue but given that Texas had 25 co-plaintiffs there's a good chance that they're now hoist by their own petard.

I'm very weak on civil procedure though so feel free to tell me I'm an idiot.

http://www.ca5.uscourts.gov/opinions%5Cpub%5C15/15-40238-CV0...