Constitutional Law Foundations 1 - Judicial Power

The Judicial Branch and Justiciability in Federal Court

• Focus: Federal courts and civil procedure, specifically what cases federal courts can hear.

• Key Question: What cases are justiciable? (What disputes can be heard?)

Limits on Federal Court Power

• Federal government has limited powers; it can only do what the Constitution allows.

• Federal courts are limited in two ways:

  • Types of Cases: Can only hear certain types of cases (federal laws, Constitution, disputes between states, admiralty/maritime jurisdiction).

  • Cases and Controversies: Interpreted to mean federal courts can only address matters of genuine dispute with legally binding effects.

No Advisory Opinions

• Federal courts won't hear a case without:

  • An actual dispute between adverse parties.

  • A ruling that has a legally binding effect on the parties.

Standing: The Right Plaintiff

• SCOTUS places restrictions on who can be a plaintiff in federal court.

• Standing: Ensures the plaintiff has a concrete stake in the outcome.

  • The plaintiff needs to have "skin in the game."

Three Components of Standing - ICR

1. Injury: The plaintiff must have been harmed in a personal and individual way (particularized injury).

   • It's not enough for a plaintiff to find a law repugnant; they must show personal harm not shared by everyone.

   • The injury must be concrete and exist in fact, but it doesn't have to be economic.

2. Causation: The EPA regulation actually caused her injury, that it's plausible the new emission standards will lead to fewer trees and fish.

3. Redressability: The court can do something about it; a ruling in the plaintiff's favor can fix the harm.

Example: Amber and the EPA

• Scenario: Amber, an environmental activist, is concerned about a new EPA regulation that increases particulate emissions from a local power plant.

• Injury: Affects her interests (clean air, nature enjoyment).

• Causation: Plausible that the new emission standards will lead to fewer trees and fish.

• Redressability: If the court rules that the old emission standards will save trees and fish, resulting in a cleaner environment for her to enjoy.

Economic Harm

• Economic harm is sufficient, but not required, for standing.

• Money damages can remedy many wrongs.

Ripeness: The Right Time (Not Too Early)

• Federal courts can't hear cases that haven't matured into a real dispute.

• If the situation might not develop into a real dispute, the courts wait.

Pre-Enforcement Review (Exception)

• Courts may allow it, usually in cases seeking a declaratory judgment.

• Two factors:

  • Substantial Hardship: Will be suffered without pre-enforcement review.

  • Fitness of the Matter: For judicial review.

Example: James and the Cold Cure

• Scenario: James invents a cold cure, and the government requires a chicken soup recipe on the label, fining non-compliant manufacturers $$5 per bottle.

• Hardship: Yes; James would have to spend money on a label he doesn't think he should be required to make or risk a hefty penalty.

• Fitness: Yes; There are no facts suggesting that the law won't be applied to James.

• The court would likely allow James to challenge the law immediately.

Mootness: The Right Time (Not Too Late)

• Federal courts can't hear a case if it's too late.

• A real-life controversy must exist at all stages of the case.

What is Mootness?

• If the parties resolve the dispute or the situation changes, the court usually won't decide the issue.

Example: Tia and the Library

• Scenario: Tia, a public library employee, is required to volunteer at a public institution to compensate for volunteering at a religious institution. The town ordinance is in question but Tia quits her job for another job and declares she will never work for the public library again.

• Her complaint is moot because she is no longer subject to the rule.

***Exception: “Wrongs Capable of Repetition Yet Evading Review”

• If there's a reasonable expectation that the same complaining party will be subjected to the same action again and would again be unable to resolve the issue because of the short duration of the action, the action is not moot.

Example: Rita and Pregnancy Leave

• Scenario: Rita, a federal district attorney, is forced to take unpaid leave due to pregnancy. By the time her case is ready for trial, she's back at work. The exception applies: Rita could become pregnant again, and the policy would likely be enforced again. The period of forced leave would pass before she gets her day in court.