I. Federal Judicial Power

Question 1

The requirement for cases and controversies

Answer 1

Standing. Standing is the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication.

1. Injury. P must allege and prove that he or she has been injured or imminently will be injured
2. Plaintiffs only may assert injuries that they personally have suffered
   
   1. Plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm
3. Causation and redressability. P must allege and prove that the D caused the injury so that a favorable court decision is likely to remedy the injury.
4. No third party standing unless:
   
   1. close relationship between the plaintiff and the injured third party
   2. third party is unlikely to be able to assert his or her own
   3. rights
   4. an org may sue for its members, if (i) the members would have standing to sue (ii) interests are germane to the organization’s purpose;(iii) neither the claim nor require participation of each members
5. No generalized grievances. P must not be suing solely as a citizen or as a taxpayer interested in having the government
   follow the law.
   
   1. Exception: taxpayers have standing to challenge gov expenditures pursuant to federal (or state and local) statutes as violating the Establishment Clause

Question 2

Ripeness

Answer 2

Ripeness is the question of whether a fed ct may grant pre-enforcement review of a statute or regulation.

1. The hardship that will be suffered without pre-enforcement review
2. The fitness of the issues and the record for judicial review

Question 3

Mootness

Answer 3

If events after the filing of a lawsuit end the plaintiff’s injury,
the case must be dismissed as moot.

Exceptions:

1. wrong capable of repetition but evading review
2. voluntary cessation
3. class action suits

Question 4

Political Q doctrine

Answer 4

The political question doctrine refers to constitutional violations that the federal courts will not adjudicate.

1. The “republican form of government clause” (Provision in Article IV, § 4, that the U.S. shall guarantee to each a republican form of government)
2. Challenges to the President’s conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering.(2004 Supreme Court decision that challenges to partisan gerrymanders are not justiciable)

Question 5

Supreme court review

Answer 5

Virtually all cases come to the Supreme Court by writ of certiorari.

• *Appeal:** Mandatory Supreme Court review when requested
• *Certiorari:** Discretionary review

1. All cases from state courts come to the SCT by writ of certiorari
2. All cases from US Cts of Apps come to the SCT by writ of certiorari
3. Appeals exist for decisions of three-judge fed dist cts (A few fed statutes create the unusual procedure of a 3 judge district ct) Appellate review is directly in the SCT and by appeal
4. SCT has original and exclusive J for suits btwn state govs.

Question 6

Adequate and Independent state grounds

Answer 6

For the SCT to review a state ct decision, there must not be an independent and adequate state law ground of decision.

• If a state court decision rests on two grounds, one state law and one federal law, if the SCT’s reversal of the federal law ground will not change the result in the case, the SCT cannot hear it.

Question 7

Lower federal ct reivew

Answer 7

Fed cts (and state cts) may not hear suits against state governments

1. The principle of sovereign immunity
   
   1. 11th Amend bars suits against states in fed ct (whether citizen is from the state as a different state; whether suit is for money or an injunction)
   2. Sovereign immunity bars suits against states in state courts or fed agencies
2. Exceptions: States may be sued under the following circumstances:
   
   1. Waiver is permitted (States may consent to be sued, but consent must be explicit)
   2. States may be sued pursuant to fed laws adopted under sec 5 of the 14th Amend. Congress cannot authorize suits against states under other constitutional provisions.
   3. fed gov may sue state gov.
   4. Bankruptcy proceedings.
3. Suits against state officers are allowed
   
   1. for injunctive relief;
   2. for money damages to be paid out of their own pockets
   3. may not be sued if it is the state treasury that
      will be paying retroactive damages

Question 8

Abstention

Answer 8

Federal courts may not enjoin pending state court
proceedings