Justiciability

Question 1

when can a 3P have standing?

Answer 1

generally no standing unless
-special relationship between P and 3P, e.g., school and its students whose rights have been violated
-if 3P is injured and there is a substantial nexus b/t the party the statute is directed at and the prosecution
-3P unable to assert its own rights
-Special relationship b/t P and 3P
P’s injury adversely affects P’s relationship with 3P

Question 2

when will a fed ct not hear a case because of FQ?

Answer 2

Fed ct will not take issues involving a matter for another branch of gov’t that the judicial process is inherently incapable of resolving and enforcing

Textually demonstrable constitutional commitment to other branches (Senate’s sole power to impeach), lack of judicial standards (partisan but not racial gerrymandering, foreign affairs)

Question 3

what the requirements for there to be a case or controversy?

Answer 3

standing
ripeness
not mootness
not political Q
not abstention
not adequate and independent state grounds

Question 4

what are the requirements for standing?

Answer 4

Π’s actual or imminent injury,
2) causation,
redressability

Question 5

req for org standing?

Answer 5

1) individual members have standing
2) interest asserted is germane to organization’s purpose
3) individual member participation is not required
® (there is no individualized injury, remedy would be the same to all members, or injunction would solve everyone’s problems)
® (no damages b/c each member would have to show damages)

Question 6

can taxpayers show injury? legislators? constit loves?

Answer 6

no, except taxpayers can if litigating their own tax bill or challenging the way their taxes are promoting religion

Question 7

when is a case ripe?

Answer 7

harm or imminent threat of harm.

Question 8

whar the mootness exceptions?

Answer 8

§ “capable of repetition, yet evading review” (e.g., pregnancy can recur)
§ D voluntarily ceases its action upon lit commencing
§ Named P’s claim in class action is resolved but others remain

Question 9

will court hear pq? how does the court decide?

Answer 9

Fed ct will not take issues involving a matter for another branch of gov’t that the judicial process is inherently incapable of resolving and enforcing

1. Textually demonstrable constitutional commitment to other branches (Senate’s sole power to impeach),
2. lack of judicial standards (partisan but not racial gerrymandering, foreign affairs)

Question 10

what is abstention?

Answer 10

Fed ct will abstain (defer to state courts) if claim is based on an undecided issue of state law, strong state interests at stake

Question 11

when will SCOTUS not hear a case from a state high court? what is this doctrine called?

Answer 11

vi. Adequate and independent state grounds:
SCOTUS will not hear a case from a state high court if its decision can be supported on state law grounds alone (even if federal Q involved), unless it was unclear whether based on state law alone, or state follows federal constitution (treat as federal law)

Question 12

if a case from a state high court depends on interpretation of federal law to interpret the state law, is there AISG?

Answer 12

no

Question 13

can private pt sue state govt? state officials?

Answer 13

no

as to officials, not in their official capacity

Question 14

what are the exceptions to sovereign immunity?

Answer 14

1. injunctive relief sought in suit brought against state official for enforcing law that violates federal law Young
2. state official for acts outside the law
3. state expressly consents, or
4. based on 13A-15A enforcement powers

Question 15

can Congress abrogate SI?

Answer 15

generally no, except a. Pursuant to bankruptcy clause

Enforcement of rights under 13, 14, 15A