Federal Judicial Power Flashcards
(10 cards)
Cases and Controversies
Article III defines powers of federal courts. Courts can only hear cases and controversies. To be justiciable, the P must have standing, the case must be ripe and must not be moot. The court also won’t hear political question cases.
“Cases and Controversies” requirements (Justiciability):
(1) Standing: P must have standing to bring a claim. P must be: (a) personally injured or imminently likely to be injured; (b) there must be causation and redressability; (c) no third-party standing (some exceptions).
(2) Ripeness: Case must be ripe. FOr pre-inforcement, balance hardship to plaintiff and and fitness of record for determining issue
(3) Mootness: P must present a live controversy, an on-going injury. If P’s injury is ended before the conclusion of the case, then it is moot and should be dismissed. A few exceptions exist.
(4) No Political Questions
Standing
Standing: One of the justiciability requirements. P must have standing to bring a claim in court.
(1) P must be injured or imminently likely to be injured. The injury must be personally suffered. For injunctive/declaratory relief, P must show the likelihood of future personal harm.
(2) P must show causation and redressability. P must show a favorable verdict would redress the harm suffered. Otherwise, it would be an impermissible advisory opinion.
(3) No third-party standing (some exceptions). Can’t assert claims of others unless you have standing + exception applies:
- Close relationship (e.g., doctor-patient)
- Unlikely to assert own rights
- Organizations on behalf of members if: members have standing; interests germane to purpose; no need for individual participation
(4) No generalized grievances (i.e., suing as a “citizen” or a “taxpayer”). Except that taxpayers can challenge federal expenditures of money as violating Establishment Clause of the First Amendment.
Third Party Standing Exceptions
Generally no third-party standing (some exceptions). I,e, a person can’t assert claims of others unless that person would otherwise have standing and an exception applies:
Close relationship (e.g., dr-patient)
Unlikely to assert own rights
Organizations on behalf of members if: members have standing; interests germane to purpose; no need for individual participation
Generalized Grievances and Standing
No generalized grievances (i.e., suing as a “citizen” or a “taxpayer”).
In general, a taxpayer has no standing to challenge the expenditure of federal funds. The major exception to this rule is where the taxpayer alleges that the expenditure was enacted under Congress’s taxing and spending power and exceeds some specific limitation on that power, in particular the Establishment Clause. Typically, neutral benefit programs that provide aid to private schools do not violate the Establishment Clause if they treat religious schools the same as other eligible private schools.
Taxpayers d/n have standing to challenge (1) govt grants of property to religious institutes; (2) expenditures by the president from general executive revenue; (3) tax credits (bc they aren’t grants of money).
Ripeness
One of the justiciability requirements of “cases and controversies”
For declaratory judgment: Consider (a) the hardship P will suffer without pre-enforcement review and (b) fitness of the issues in the record for judicial review (does the federal court have enough to effectively decide the issue?).
Mootness
(3) Mootness: P must present a live controversy, an ongoing injury. If P’s injury ends before the conclusion of the case, then it is moot and should be dismissed. A few exceptions exist.
Exceptions:
(1) Wrong capable of repetition but evading review
(Think pregnant woman bringing case re pregnancy, bc human gestation is almost always faster than litigation process).
(2) Voluntary Cessation
(3) Class Action–as long as the claims of others in the class are still viable, there is a “live controversy.”
As long as one member of class has ongoing injury, case is not moot.
Non-Justiciable Political Questions
The Court will not adjudicate non-justiciable political questions:
(a) Cases under the Republican Form of Govt Clause (Art. 4 Sec 4.)
(b) Challenge to President’s Conduct re: Foreign Policy. E.g., starting war or rescinding a treaty.
(c) Challenges to impeachment and removal process
(d) Challegnes to partisan gerrymandering
Writ of Certiorari
Supreme Court has complete discretion to grant certiorari.
Supreme Court Original Jurisdiction
For suits between state governments, case must be filed in Supreme Court.
Final Judgment Rule
SCOTUS can hear a case only after a judgment
