A: Nature of Judicial Review

Over what types of cases does SCOTUS have original jxn?

(i) cases affecting ambassadors, other public ministers, and counsels
(ii) cases in which a state is a party

When is SCOTUS barred from reviewing a state court decision?

when the state court’s decision is based in “adequate and independent state grounds”

Over what types of case does SCOTUS have appellate jxn?

cases arising from the Constitution, an act of Congress, or by treaty

What power does Congress have to limit SCOTUS’s jxn?

Under Article 3, Congress can place limits on SCOTUS’s appellate jxn, UNLESS it’s exercising that power to make a particular substantive question come out a certain way.

11th AMENDMENT

11A prohibits an individual from suing a state (or state agency) in federal court UNLESS…
(i) state consents, OR
(ii) involves a law passed to enforce a post-Civil War Amendment, OR
(iii) seeking injunctive relief from a state official, OR
(iv) seeking damages to be paid from a state official

STANDING (in general)

(i) injury (or immediate threat thereof)
a) concrete
b) particularized
(ii) causation
(iii) redressability

ORGANIZATIONAL STANDING

An org can sue on behalf of its members if…
(i) members would have standing
(ii) members’ participation is not necessary
(iii) suit involves an issue related to the org’s purpose

THIRD-PARTY STANDING

generally not permitted UNLESS…
(i) a close relationship exists, OR
(ii) it’s difficult or unlikely for the 3P to assert their rights on their own, OR
(iii) 3P is an org

RIPENESS

A case is ripe for review if P…
(i) suffered actual harm, OR
(ii) faces threat of immediate harm

MOOTNESS

A live controversy must exist at all stages of review. Otherwise, the case can be dismissed for being moot UNLESS the case is “capable of repetition yet evading review.”

POLITICAL QUESTION

A court will not rule on a matter in controversy if…
(i) Constitution has assigned final decision-making on this subject to a different branch of gov’t, OR
(ii) matter is not inherently one the Judiciary can decide