Judicial Power

Question 1

11A Immunity

Answer 1

1. Suit brought by private party or foreign government
2. Suit against state official violating state law

EXCEPTIONS
-State consents to suit

-Immunity removed by 13th, 14th, or 15th As

-State official…
(a) sued for injunctive or declaratory relief for alleged constitutional violation
(b) sued for prospective (not retroactive) damages to be paid by state treasury
(c) Damages to be paid by state officer personally (not state treasury)

Question 2

No 11A Immunity

Answer 2

Suit brought by US or other state

Suit against local govt (eg, counties, municipalities)

Bankruptcy proceedings

Eminent domain proceedings

Suits permitted by Congress pursuant to its powers over war & armed forces

Question 2

What constitutes Fed Q for purposes of Art III

Answer 2

when a case or controversy arises under the Constitution, a federal law, or a treaty

Question 3

SCT Appellate/ Mandatory Jurisdiction

Answer 3

Appeal from decision on injunction by special three-judge federal district court panel

==> Extremely rare… limited to cases brought under specific statutes (eg, Voting Rights Act)

Question 4

SCT Appellate/ Discretionary Jurisdiciton

Answer 4

Appeal (via writ of cert pet.) of FINAL decision from:
-lower federal court
-highest state court re final decision, EXCEPT for AISG cases

==> SCOTUS will review if ≥ 4 Justices vote to accept appeal

==> Very common – how most cases come before SCOTUS

Question 5

When may Sct exercise discretionary review over state court decisions

Answer 5

-The U.S. Supreme Court can choose to review final state-court decisions by certiorari unless …

(1) the decision rests on adequate grounds
==> state law fully resolves the matter
(2) and decision relied on independent grounds
==> no federal precedent used, just app of state law

NOTE: The state’s highest court need not have ruled on the matter in order for SCOTUS to review a state court’s judgment so long as that judgment is final and does not rest on adequate and independent state grounds.

NOTE: *A state court ruling is not independent if the state court relied on an “identical” federal provision to rule on the state provision.

Question 6

AISG Outcomes

Answer 6

If AISG ==> Sct MUST refuse

If unclear ==> SCT may review fed issue

If def not AISG ==> SCT may review fed issue

Question 7

Sct OG Jurisdiction

Answer 7

Cases involving either:
-ambassador/public minister/consul or
-state as party

Question 8

Congress power to limit fed ct juris

Answer 8

Article III exceptions clause gives Congress power to expand, regulate, or make exceptions to Sct’s DISCRETIONARY (i.e. appellate) jurisdiction

==> Although Congress may not expand or restrict SCOTUS’s original jurisdiction, they may determine the cases within SCOTUS’s original jurisdiction that are exclusive to it.

==> when exercising this power, Congress cannot violate:
(a) the separation-of-powers doctrine (e.g., usurping judicial power to decide cases) or
(b) other constitutional provisions (e.g., the Article I suspension clause).

Question 9

Sct Exclusive Juris

Answer 9

controversies between two or more states

==> Although Congress may not expand or restrict SCOTUS’s original jurisdiction, they may determine the cases within SCOTUS’s original jurisdiction that are exclusive to it.

Question 10

Standing

Answer 10

General = 3 reqs
(1) injury-in-fact – concrete & particularized harm (actual or imminent)
(2) causation – harm traceable to defendant’s conduct
(3) redressability – favorable judicial decision can remedy harm

DOES NOT include…
-No standing as mere citizen
-No standing as mere legislator ==> must prove personal stake in dispute & concrete injury to challenge constitutionality of government action
-Taxpayer have standing to challenge taxes owed—but not government spending unless:
-challenging legislation enacted under taxing & spending power AND
legislation exceeds limits imposed by establishment clause

Question 11

Justiciability reqs

Answer 11

(1) P has standing (P BOP)
(2) Not moot
(3) Ripe (P BOP)
(4) AISG
(5) No Political Qs

Question 12

Ripeness

Answer 12

For a suit to be ripe for adjudication, the plaintiff must have suffered actual harm or an immediate threat thereof.

==> Therefore, a claim based on potential future harm is unripe and will be dismissed.

Question 13

Standing outer bounds

Answer 13

Assignee: has standing if assigned legal claim for ordinary & good faith business purpose

Parent: has standing unless parental rights have been limited by court OR lawsuit may adversely affect child

Injured P on behalf of TP: parties share inextricably close relationship (eg, doctor/patient) AND
obstacle prevents third party from suing (eg, privacy/retaliation concern)

Org: members have standing to sue on their own behalf
their injuries relate to organization’s purpose AND
lawsuit does not require member participation (if damages sought)

Question 14

Mootness

Answer 14

claim must be unresolved

Question 15

Political question

Answer 15

Court cannot hear case if issue presented:

(1) is reserved for executive/legislative branches
or
(2) lacks judicially manageable standards for resolution

Question 16

Article I suspension clause

Answer 16

A person in federal custody can challenge his/her detention by filing a petition for a writ of habeas corpus in a federal court

UNLESS Congress has explicitly suspended the writ.

==> This clause applies to noncitizens classified and detained as enemy combatants in territories over which the United States has sovereign control (e.g., the noncitizen here).