Judicial Review Flashcards
(27 cards)
Who has authority under const to interpret it?
The Supreme Court has authority to decide cases arising under the Constitution and declare laws unconstitutional when they conflict with the Constitution
Original Jdx
SCOTUS has original jurisdiction to cases involving ambassadors, public ministers and consults, and cases in which a State is a party.
state action doctrine
Under the State Action Doctrine, the Constitution regulate government actions and does not regulate private parties.
Congress cannot
o Expand nor limit SCOTUS or the Federal courts original jdx.
o Eliminate SCOTUS
o Prescribe a rule for the decision of a case in a particular way
o Change a substantive legal rule so it applies to cases that are already res judicata
Congress may
o limit or eliminate the appellate jdx of the Federal courts.
o remove cases from SCOTUS.
o Establish or eliminate jdx of lower courts.
o Change rules (either procedural or substantive) during a case and can even take a case out of SCOTUS jdx when that case is being heard
Justiciability
For a case to be heard, it must survive all of these doctrines: actual case or controversy, ban on advisory opinions, standing, mootness, ripeness, and political question.
Avoidance Principles
Additionally, courts tend to follow some avoidance principles and only void statutes when absolutely necessary
Advisory Opinions
There must be an actual dispute between adverse parties whose resolution will have a real effect through res judicata. So, there is a prohibition against advisory opinions
Standing Intro
Congress has broad authority to define injuries and chains of causation; however, the Court made clear in Spokeo that there is a constitutional limit to that authority. Even if Congress asks the Court to allow “any individual” to sue, there must still be these four elements:
First Element of Standing
An injury must be actual or imminent.
Pro-P: Mass v. EPA
Pro-Def: Lujan
Particularized
An injury is particularized when it affects the plaintiff in a personal and individual way.
Particularized problem in Allen
Injury must be suffered in a direct enough fashion. The person cannot be a concerned bystander upset with how someone else is treated even if they identify with that person.
Concrete
An injury is concrete when it is real or “de facto” and not abstract.
Concrete can be tangible or intangible. Even a risk of real harm can satisfy concreteness (Spokeo)
Distinguish Mass v. EPA
State may have an even lower bar for injury in fact based on a special concern for state solicitude as in Mass v. EPA.
Causation
Causation is satisfied when the injury is fairly traceable to the defendant’s action. A “but for” cause satisfies causation but it not required.
Redressability
A favorable court decision is likely to redress the injury
Special Issue in Redressabilitiy
Redressability exists if an agency can be required to review a decision because of a misapplication of the law, even if it still has prosecutorial discretion
Generalized Grievance
Generalized grievances are not the kinds of harms that confer standing. Where a large number of Americans suffer alike, the political process rather than the judicial process may provide the more appropriate remedy for a widely shared grievance.
“Any individual”
Even if Congress confers standing to “any individual” to cast the standing net broadly, people are still subject to constitutional standing
Taxpayer Standing
So long as Flast is good law, the ban on generalized grievances is not a constitutional requirement. A taxpayer may have standing to sue the government if the Flast two prong test is satisfied:
- Challenge is made to an exercise by Congress of its power under taxing and spending clause
- These appropriations violate the establishment clause
Third Party Standing
Usually, a party may only assert his own rights. However, if a Plaintiff satisfies the elements of constitutional standing, then they may be able to assert the rights of someone else. These two elements must be satisfied:
- The interests between the third party and the absent party are sufficiently similar
- There is a genuine obstacle to the absent plaintiff bringing the suit
Associational Standing
An association may bring a suit on behalf of one of its members if:
- At least one member has standing themselves
- The cause of action is germane to the purpose of the organization
- There are no individualized questions requiring the member to be in court him or herself
Ripeness
A federal court will not consider a claim before it has fully developed; to do so would be premature, and any potential injury would be speculative. In order for a case to be ripe for litigation, the plaintiff must have experienced a real injury. These two prongs must be satisfied:
o The issue is fit for judicial review
o There is hardship to the Plaintiff if review is denied
Moot
• A Plaintiff must present a live controversy at all stages of litigation. If the Plaintiff’s injury ends, then the case is dismissed as moot.
