judicial power Flashcards
(8 cards)
judicial power overview: 1, source 2, limit 3, doctrine 4, additional doctrine
1, article 3
2, can only decide actual cases in controversy
3, justiciability
whether lawsuit is capable of judicial resolution as a case or controversy, depends on
a. What it requests (no advisory opinions)
b. When it is brought (ripe and not moot), and
c. Who brings it (someone with standing)
4, Additional doctrines limit federal court review: political question, sovereign immunity, and abstention. Special rules govern Supreme Court review.
justiciability-what:
What: No Advisory Opinions
- Rule: federal courts may not render advisory opinions, which lack
a. an ______actual dispute________ between adverse parties, or
b. any __legal binding efffect_on the parties
eg: Federal law allows veterans to file pension claims in federal court, but gives Secretary of War power to ignore court decisions. (not legal binding)
justiciability-when: ripeness
When: Ripeness and Mootness
1. Ripeness (too early)
a. Rule: federal courts may only decide controversies that are ripe for judicial review.
b. Application: __pre enforcement__ review of laws (declaratory judgment actions) are generally not ripe, unless
1) substantial hardship in absence of review (the more the better), and
2) issues and record are fit for review (the more legal than factual the better).
eg:
1. Plaintiff seeks declaration on constitutionality of anti-contraceptive law not enforced in 80 years.
no hardship because havent been enforced
2, Drug firms seek declaration FDA lacked authority to require generic names on all drug labels and ads. Compliance would cost $$$; non-compliance would result in serious criminal and civil penalties.
money/ market is hardship; issues r legal and fit
justiciability-when: mootness
Mootness (too late)
a. Rule: federal courts may only decide ___live__ controversies, i.e., plaintiff suffers ongoing injury.
b. Application: live if
1) in suit for declaratory and injunctive relief, challenged
law or conduct continues to __injury___
2) in suit for damages, plaintiff not made ___whole__
c. Exceptions: though injury has passed, not moot if
1) injury is ___capable of repetition___ yet ___evades review____ because of inherently limited duration
2) defendant ___voluntarily stops___ challenged activity, but may restart at will, or
3) in __class actions____, one plaintiff suffers ongoing injury
- Pregnant woman challenging abortion restriction delivers. (1)
- Strip club that city sought to close closes, and owner retires. (2)

justiciability-who: standing
rule
- Rule: plaintiff must have standing to sue, which consists of injury, causation and redressibility
justiciability-who: standing
injury
Injury
a. What: almost any harm counts.
1) Examples: physical, economic, environmental, loss of constitutional or statutory rights.
2) Not: ___ideological objections___ or ___general grievance___ as citizen or taxpayer.
a) Examples
i) Citizen may not sue to force government
to obey laws.
ii) Taxpayer may not sue over how government spends tax revenues.
iii) Official proponents of ballot initiative may not defend enacted measure.
b) Exceptions
i) Taxpayer challenge to __her own_ tax liability.
ii)____congressional spending_____ in violation of Establishment Clause.
(a) Not ___executive____ spending.
b. When: injury must have occurred or will _imminently__
occur.
1) injunctive or declaratory relief: must show ___a likelyhood__ of future harm.
c. Who: injury must be __personally suffered___ by plaintiff rather than those not before court.
1) No ____3rd party standing_____
a) Exceptions
Third-Party Standing Exceptions

Close relationship
1. Plaintiff injured.
2. 3P unable or unlikely to sue. 3. Plaintiff can adequately represent 3P.
Organizations(on behalf of members)
- Members have standing. 2. Members’ injury related to purpose of organization.
- Members’ participation not required (e.g., not seeking individualized damages).
Free Speech Overbreadth (party whose speech can be censored sues on behalf of those whose speech cannot)
- Substantial overbreadth in terms of law’s legitimate to illegitimate sweep.
- Not commercial speech.
2) Legislative Standing: legislators may challenge acts that injure them ___personally___, rather than the legislature ___generally
- Legislators challenge tie-breaking vote of Lt. Gov. that nullified contrary votes.
Y - Legislators challenge line item veto that gave President power to alter legislation passed by Congress.
N
justiciability-who: standing
causation and redressability
a.Causation: plaintiff must show that injury is ___fairly traceable (magic words)__ to defendant.
1) Example: no causation where parents of black public school children challenged IRS failure to deny tax breaks to discriminatory private schools, claiming breaks caused public schools to be less integrated.
(too many links, no c)
b. Redressability: plaintiff must show that favorable court decision can ___remedy___ the harm (e.g., through money damages or an injunction).
1) Example: no redressability where mother challenged state’s failure to prosecute for non- payment of child support, claiming loss of child support from lack of prosecution. (no; prosecution only get the dad in prison but doesnt pay the money)
additional doctrine:
political question Doc
- Rule: federal courts will __not_ decide political questions, i.e., questions
a. committed by the Constitution to the political branches of government, or
b. incapable of, or inappropriate for, judicial resolution.
Examples
a. ___challenges under the guaranty clause__ (Art. IV, Sec. 4): challenges to a state’s government as not a “republican form of government.”
b. ____foreign affairs____: challenges to President’s conduct of foreign policy and command decisions.
c. ____impeachment process______: challenges to procedures used by Senate to remove officials.
d. ____gerrymandering____: challenges to drawing election districts on a partisan basis.
e. _____qualifications____ of members of Congress.
f. _____seating of delegates_____ at national political convention.
