Federal Judicial Powers Flashcards
Pursuant to the cases and controversies requirement from Art. III, what are the requirements for justicibility?
1) Standing = whether the π is the proper party to bring the matter to a fed court
2) Ripeness = whether a fed court may grant pre-enforcement review of a law
3) Mootness = whether the case is a live controversy by having a continuing injury
4) Political Question Doctrine = whether the fed court should defer to another branch of the fed government
What are the requirements for a π to have standing?
1) Injury: the π must allege and prove that she HAS been injured or IMMINENTLY will be injured
** Injury is NOT mere ideological objection to a law (you need PERSONAL injury)
** πs seeking injunctive or declaratory relief must show likelihood of future harm
2) Causation & redressibility: π must allege and prove that the ∆ CAUSED the injury so that a favorable court decision is likely to REMEDY the harm
** If the court’s ruling would have no effect, then it’d be an advisory opinion (NOT ALLOWED)
3) NO 3rd party standing: π CANNOT assert claims of 3rd partys not before the court
EXCEPTIONS: 3rd party standing is allowed IF…
- Close Relationship (e.g. custodial parent)
- 3rd party unlikely to assert his own right
- organization suing on behalf of members
IF (1) members would have standing
(2) interests germane to purpose;
AND (3) ind. participation not necessary
4) NO generalized grievances: the π must not be suing solely as a CITIZEN or a TAX PAYER
NOTE: if the law actually targets a specific person, then he could sue
EXCEPTION #1: taxpayers DO have standing to challenge expenditures as violating the Establishment Clause
EXCEPTION #2: a person has standing as a citizen to allege that a federal action violates the 10A by interfering with powers reserved to the state (as long as the person can show injury and redressability)
What does ripeness require?
Rule: π is NOT entitled to review of a statute or regulation before its enforcement AGAINST the π
EXCEPTION: Pre-enforcement review IS OK IF:
1) π will suffer immediate hardship, AND
2) Issues on record are fit for judicial review (i.e. the record is suffiicently developed)
What ismootness?
Mootness = events after filing of suit end π’s injury; NO good because cases require a live controversy
3 EXCEPTIONS where the case is will NOT be dismissed…
1) the wrong is capable of repetition BUT avoiding review because of its limited time duration (abortion)
2) the wrong is subject to voluntary cessation, but ∆ can freely resume (employer discriminating)
3) for class action suits: mootness of named π does not moot action, if injury still exits for AT LEAST ONE other class member
What isthe Political Question Doctrine?
Refers to constitutional violations that the federal courts WILL NOT adjudicate (as it would be better left to another branch of government)
Types of cases dismissed as non-justiciable political questions…
1) Any type of case implicating the Guarantee Clause (republican form of government)
2) Challenges to the President’s conduct of foreign policy
3) Challenges to the impeachment/removal process
4) Challenges to PARTISAN gerrymandering
What is the rule regarding SCOTUS review?
General rule: All appeals from state courts and federal courts of appeals come to SCOTUS on writ of certiorari
EXCEPTIONS (mandatory review):
1) Appeals from 3-judge federal district courts
2) Suits between states (original/exclusive jurisdiction)
NOTE: By statute, Congress can change the SCOTUS’s appellate jurisdiction, but NOT original jurisdiction
What requirements must be satisfied before SCOTUS can hear cases?
1) Final judgment: SCOTUS may hear ONLY after there has been a final judgment of the
(i) HIGHEST state court,
(ii) a US Court of Appeals; OR
(iii) 3-judge panel from federal district court
2) NO independent state law ground: SCOTUS may hear a case ONLY if there is NO independent/adequate state law ground for the decision
If a state court decision rests on 2 grounds (1 federal; 1 state), and SCOTUSs reversal won’t change the result in the case, then SCOTUS can’t hear it
Can federal courts OR state courts hear suits against state governments?
NO! Fed courts (and state courts) may NOT hear suits against state governments
Based on SOVEREIGN IMMUNITY under the 11th Am., which bars suits against states in fed courts, fed agencies OR state courts (even on federal claims)
NOTE: this bar does NOT apply to
(i) local/city governments; OR (ii) state officers (BUT state officers may NOT be sued for money damages to be paid by the state)
EXCEPTIONS (where a state may be sued)… 1) Waiver: a state may and MUST expressly consent to be sued
2) §5 of 14A (ONLY): States may be sued pursuant to federal laws adopted under §5 of 14A.
3) Bankruptcy proceedings: the 11th Am does NOT apply to federal laws exercised pursuant Congress’ bankruptcy powers
When must a federal court abstain from an action?
Fed courts may NOT enjoin PENDING state court proceedings when claim is premised on unsettled issue of state law
