Judicial Power Flashcards
What is timeliness?
Ripeness
- Real or imminent injury
Mootness
- Case must present a live controversy.
- Exceptions: (1) Capable of repetition yet evading review (pregnancy); (2) Voluntary cessation; (3) class actions (if one person resolved the rest not moot); and (4) collateral legal consequence.
What is the rule for third-party standing?
Generally, no 3rd party standing.
Exception: Parties to an exchange or transaction can raise the rights of other parties to that exchange or transaction.
What is legislative standing?
Legislators do not have standing to challenge laws that they voted against.
Legislative itself may have standing if claim concerns institutional functions.
Does a taxpayer have standing?
Generally no. No standing simply because taxpayer does not agree how funds are spent.
Does have standing over own tax liability.
Exception to general rule: specific legislative appropriation made under taxing and spending powers violating Establishment Clause. But does not apply to transfer of property by Congress under Property Power and does not apply if President does it through a discretionary fund.
What is the general rule for standing?
Injury-in-Fact
- Concrete and particularized
- Need not be physical or economic.
- Not hypothetical
- General harm to environment is not enough, but recreational harm is ok.
Causation
Redressability
What is the jurisdiction of the Supreme Court?
Original
- Ambassadors
- State is party
- Congress cannot limit or expand
Appellate
- Cert. = discretionary
- Direct appeal - Must
- Congress can limit
- Also limited by adequate and independent state grounds.
What can you sue a state officer for?
Injunctive Relief
Money, but only from officer personally
Damages from treasury are barred, unless state consents or Congress says so.
What is the 11th Amendment?
You cannot sue a state for money damages in either state or federal court unless state consents or the US Congress expressly says so to enforce 14th Amendment rights.
- State or State Agencies only. Not local governments.
- Lack of clarity from Congress precludes damages.
Can sue a state officer.
What is abstention?
Pullman Doctrine:
- A court may refrain from ruling on a federal constitutional claim that depends on resolving an unsettled issue of state law best left to the state courts.
Younger Abstention
- A court will not enjoin a pending state criminal case in the absence of bad faith, harassment, or a patently invalid state statute. Abstention also may be appropriate with regard to a civil enforcement proceeding or a civil proceeding involving an order uniquely in furtherance of the state courts’ ability to perform their judicial functions, such as a civil contempt order.
What are advisory opinions?
Not allowed. Answer to a hypothetical dispute.
What are declaratory judgements?
Allowed if challenged action posses a real and imminent danger.
What are political questions?
Not subject to judicial review when
- Constitution has assigned decision making to different branch OR inherently not for judiciary.
Examples
Impeachment
Gerrymandering
Can? Congress abrogate Eleventh Amendment immunity by exercising its Article I powers
No.
But can for 13th, 14th, and 15th.
How does the Bankruptcy Cl. interact with the 11th Amendment?
Although Congress, acting pursuant its Article I powers, generally cannot abrogate state immunity, the Bankruptcy Clause gives Congress the power to subject states to its provisions. While the Eleventh Amendment generally immunizes the state from suits in federal court for money damages or equitable relief when the state is a defendant in an action brought by a citizen of another state, it does not bar the actions of a bankruptcy court that impacts state finances
