RIPENESS

Question 1

Ripeness Generally

Answer 1

An action must not be brought “too early.” A case is generally ripe if any remaining questions are purely legal; conversely, a case is not ripe if further factual development is required. Generally, the more fact-intensive a case is, the less ripe it is. The ripeness requirements also means that “future harm” cases cannot be heard—there must have already been a harm (can be thought of as standing in a timeframe).

Question 2

Abbot Labs Ripeness Test:

Answer 2

1. Are the issues in the case FIT for judicial review?
   a. Can the court make an intelligent decision about the case?
   b. Are the FACTS FIRM?
   i. Are further factual developments required to be able to make an intelligent decision about the case? If so, then NOT ripe.
2. Is the hardship of the party sufficiently DIRECT and IMMEDIATE (OR party will experience undue hardship if adjudication deferred)?
   a. Must plaintiff choose between a rock and a hard place?
   i. See Steffel (ripe because although plaintiff had not been arrested and only threatened, friend had been arrested for the exact same behavior).
   b. Case can be UNRIPE if no clear threat of adverse action.
   i. See Toilet Goods (no case or controversy because have not suffered injury of permit refusal to produce cosmetic goods yet, unclear if inspection would happen because FDA regulation permitted but did not mandate action). *Limited to these facts.