Justiciability Doctrines

Question 1

Standing

Answer 1

Standing is the issue of whether the P is the proper party to bring a matter to the court for adjudication.

Requires:

1. Injury
2. Causation & Redressability
3. No third party standing
4. No generalized grievances

Question 2

Injury

Answer 2

P must allege and prove that he or she has been injured or imminently will be injured.

Ps only may assert injuries that they personally have suffered

Ps seeking injunctive or declaratory relief must show a likelihood of future harm

Question 3

Causation and Redressability

Answer 3

P must allege and prove that the D caused the injury so that a favorable court decision is likely to remedy the injury

Question 4

No third party standing

Answer 4

A P cannot assert claims of others, of third parties, who are not before the court.

Exception: taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the establishment clause.

Question 5

Taxpayer Standing Establishment Clause Exception Examples

Answer 5

Taxpayer DOES HAVE standing to challenge federal law providing monetary aid to parochial schools

DO NOT have standing to challenge federal gov. grants of property to religious institutions

DO NOT have standing to challenge federal gov. expenditures from general executive revenues

DO NOT have standing to challenge state tax credits that benefit religious institutions

Question 6

Ripeness

Answer 6

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

To avoid issuing advisory opinions, courts wait until policies have been formalized and can be felt in concrete ways.

When considering a question of ripeness; a federal court considers two main factors:

1. The fitness of the issues for judicial decision

Generally not fit if issue relies on uncertain future events

2. The hardship to the parties of withholding court consideration.

May be ripe where party has to risk substantial hardship to provoke enforcement of law

Question 7

Mootness

Answer 7

If events after the filing of a lawsuit end the P’s injury, the case must be dismissed as moot.

Exceptions:

1. Wrong capable of repetition but evading review
2. Voluntary cessation: if D voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot.
3. Class actions: a class action will no be dismissed if the named P’s claim becomes moot so long as one member of the class has an ongoing injury.

Question 8

Political Question Doctrine

Answer 8

Political questions will not be decided. These are issues:

1. Constitutionally committee to another branch of government or
2. Inherently incapable of judicial resolution

Question 9

Examples of Political Questions

Answer 9

1. Challenges based on the “republican form of government” clause of Art. IV.
2. Challenges to the President’s conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering

Question 10

Abstention

Answer 10

1. Unsettled questions of law
2. pending state proceedings: fed courts will not enjoin pending state criminal proceedings except in cases of proven harassment or prosecution taken in bad faith