JUSTICIABILITY

Question 1

Justiciability Checklist

Answer 1

• State Action
  
  • Eleventh Amendment - Sovereign Immunity
    
    • Private Parties
    • Congressional Abrogation
• Standing
  
  • Generalized Grievances
  • Third Party Standing
    
    • Organizational Standing
      
      • Organizations on Behalf of its Members
• Ripeness
• Mootness
  
  • Exceptions
    
    • Capable of Repetition Yet Evading Review
    • Voluntary Cessation
    • Class Actions

Question 2

State Action

Answer 2

State action is required to invoke constitutional protections

The Constitution protects against wrongful action by the government, not private parties.

State action involves actions by either (i) the government or a government official or (ii) a private party sufficiently entangled with the government

Question 3

Eleventh Amendment - Sovereign Immunity

Private Parties

Answer 3

Under the Eleventh Amendment, a private party cannot sue a state or its agency unless (i) the state waives its sovereign immunity, (ii) the lawsuit involves federal laws under Section 5 of the Fourteenth Amendment, (iii) the lawsuit seeks declaratory or injunctive relief against a named state official to prevent violations of federal law, or (iv) the lawsuit seeks money damages from a named state official.

Question 4

Eleventh Amendment - Sovereign Immunity

Congressional Abrogation

Answer 4

Under congressional abrogation, Congress may regulate state laws that violate due process, equal protection, and privileges and immunities as long as Congress expressly states that it is abrogating sovereign immunity

Question 5

Standing

Answer 5

To have standing, the plaintiff must prove

(1) injury in fact - harm suffered or a likelihood of imminent harm
(2) causation - the injury is traceable to the defendant’s violation of a constitutional or federal right, and
(3) redressibility - the court can grant a proper remedy.

Question 6

Standing - Generalized Grievances

Answer 6

A plaintiff who alleges a generalized grievance or a harm that lacks concreteness or specificity will not have standing.

*i.e. claims brought as a U.S. citizen or taxpayer

Question 7

Third Party Standing

Answer 7

Generally, a plaintiff does not have standing to assert the rights of a third party. However, a plaintiff may assert the rights of a third party when the plaintiff has standing in his own right and (i) the third party is unable to assert his own rights, (ii) a special relationship exists between the plaintiff and a third party, or (iii) the harm to the plaintiff adversely affects his relationship with the third party.

Question 8

Third Party Standing - Organizational Standing

Answer 8

Organizations always have standing if the harm is to the organization itself.

Organizations on Behalf of its Members - Organizations may sue on its members’ behalf if (1) the members would have standing to sue individually, (2) the harm is related to the organization’s purpose, and (3) neither claim nor relief sought necessitates the individual members’ participation.

Question 9

Ripeness

Answer 9

A plaintiff must have suffered harm or a threat of imminent harm

Question 10

Mootness

Answer 10

There must be a live case and controversy at all stages of review. If, after the plaintiff files suit, the cause of harm ceases to exist, the case is rendered moot and will be dismissed.

Question 11

Mootness Exceptions - Capable of Repetition Yet Evading Review

Answer 11

A case is capable of repetition yet evading review when the harm exists in short periods and ceases prior to the end of litigation but may be repeated such that the plaintiff can expect to be subject to the same harm again.

Question 12

Mootness Exceptions - Voluntary Cessation

Answer 12

A case will not be dismissed as moot where the defendant voluntarily ceases the acts giving rise to the plaintiff’s suit but can resume them at any time.

Question 13

Mootness Exceptions - Class Actions

Answer 13

A class action will not be dismissed as moot where at least one class member has an ongoing injury.