Judicial Power

Question 1

Source and scope

Answer 1

Source—Article III

Scope
• Limited to cases and controversies, and
• Has the power to review
o Another branch’s act and declare it unconstitutional
o The constitutionality of a decision by a state’s highest court, and
o State actions under the Supremacy Clause to ensure conformity with the Constitution

Eleventh Amendment Limitation
• Jurisdictional bar prohibiting citizens of one state from suing another state (not local government) in federal court; immunizes states from suits for money damages or equitable relief
• Bars suits against state officials for violating state law
• Exceptions to application of 11th Amend.
o Consent
o Injunctive or declaratory relief
o Damages paid by state officer
o Congressional enforcement of 13th, 14th, and 15th Amend. rights

Question 2

Supreme Court jurisdiction

Answer 2

Original jurisdiction over
• All cases affecting ambassadors
• Other public ministers/consuls
• When state is a party

Appellate jurisdiction over other cases through certiorari and direct appeal
• Final state-court judgment resting upon adequate/independent state grounds not reviewable by Supreme Court

Question 3

Judicial review

Answer 3

Standing
• General rule – Plaintiff (P) must establish
o Injury-in-fact—Concrete and particularized; injury need not be physical/economic and future injury must be actual and imminent
o Causation—Injury caused by D’s conduct
o Redressability—Relief requested is likely to prevent/redress the injury
o Prudential standing—Established by federal judiciary, requires that P is proper party to invoke judicial resolution of dispute

• Taxpayer status – Generally no standing to challenge government allocation of funds – However, taxpayer has standing to:
o Litigate how much owed on tax bill, and
o Challenge government expenditures as violating the Establishment Clause
• 3rd party standing – Generally no standing to bring lawsuit based on 3rd party claims – However, exceptions include
o When 3rd party unable to assert his own rights
o If there is a special relationship between P and 3rd party, or
o P’s injury adversely affects the P’s relationship with 3rd party
• Organizational standing—Organization can sue on its own behalf or on behalf of its members if
o Member has standing to sue in his own right, and
o Interests at stake germane to organization’s purpose

Timeliness
• Ripeness—P must have experienced a real injury (action brought too soon is “unripe”)
• Mootness—Must be a live controversy at each stage of review (action brought too late is “moot”) – But case not moot if:
o Controversy is capable of repetition but is “evading review,” i.e., will not last long enough to work through judicial system
o Defendant voluntarily ceases its illegal/wrongful action upon commencement of litigation until court is assured wrong will not be repeated
o Named P’s claim in class action suit is resolved

Justiciability
• Advisory opinions – No advisory opinion unless an actual case or controversy exists
• Declaratory judgments – Challenged action must pose “real and immediate danger” to party’s interests
• Political question matters (to be resolved by another branch of government) not subject to judicial review

Abstention
• Federal court may abstain from ruling on unsettled issues of state law