Con Law - Judicial Powers

• No Advisory Opinions: only actual cases and controversies
• Ripeness: P must allege actual harm or immediate threat of harm; significant events necessary to sharpen the issues have not yet occurred
• Mootness: dismissed unless actual, live controversy b/t the parties at all stages of the litigation, including appeal.
• Not moot if:
• 1. injury is capable of repetition to this P (Roe v. Wade)
• 2. case is brought as a class action and issues remain alive at least to one member
• 3. collateral consequences or some continuing issues b/t the parties
• 4. D has ceased harm but is free to return to old ways

• 1. P must suffer injury in fact (anything other than mere ideological harm)
• 2. Cusation : is the harm "fairly traceable" to the govt's actions?
• 3. Redressability : can the court do somthing to remedy the injury (damages, injunction)?

• May sue for members if:
• 1. a member or members would have standing, and
• 2. the members' injury is related to the purpose of the organization, and
• 3. there is no reason (like award to individuals) that would require participation of the individual members in the suit (typically injunction)

• generally not
• can if
• 1. the party has suffered some actual injury, and
• 2. there is a special relationship b/t the party and the 3d person and some hindrance to 3d party raising rights

• no such thing
• still requires a personal harm

• may sue to challenge their own tax liability
• no standing as taxpayers to challenge how the govt spends the money it has collected
• Except:
• have standing to challenge - 1) laws enacted under Congress' taxing and spending powers and 2) exceeding a specific constitutional limite on taxing and spending

• may challenge acts that cause them a personal and concrete injury (denied right to vote on legis)
• no standing to challenge laws which were properly enacted but which he or she believes are unconst

• may review if (ONLY):
• 1. case involves a matter of federal law, and
• 2. final judgment, and
• 3. from highest state court authorized, and
• 4. no independent + adequate state ground

• independent: state law does not depend on an interpretation of federal law or incorporate a federal standard
• adequate: no matter how federal issue is decdied, outcome will be the same under resolution of the state law issue

federal court will decline to hear a case challenging a state law if it involves a const challenge to the state law, but the meaning of the state law is unclear or unsettled, or the matter is already pending before state judicial or administrative tribunals

• will not decide them if constitutionally committed to another branch of the govt to decide or beyond competence or enforcement of judiciary
• Examples:
• republican form of government clause challenge
• true foreign affairs or military command decisions
• impeachment procedures
• seating of delegates at national political convention
• election and qualification of Congress
• procedures to amend the constitution

• A private party cannot sue a state in federal court, unless the state expressly consents, or Congress clearly says so to enforce 14th Am rights
• Can sue state officers in individual capacities for damages, and for injuctions
• Details for 11th to Bar:
• P must be a private party, not a govt
• D must be a state (not local)
• must be for money to be paid out of state treasury or for injunction or declaratory relief where the state is the Named Party
• 11th Am only bars suits in federal court; a P might still be able to sue a state in state court
• But states may raise sovereign immunity against such claims in their own courts
• A state may consent to be sued in federal court, but must be unmistakably clear
• Congress may allow Ps to sue states under antidiscrimination statutes under 14th Am but Congress must be clear