L2_Justiciability 요약영상

Stop memorizing justiciability. Before a federal court decides whether a law is constitutional, it asks a quieter question first. Can I even hear this case? Let's put the whole lesson into one picture. Here's the court, and in its hand, a ruler, the Constitution. When a law doesn't measure up, the court can refuse to enforce it. That's judicial review. It comes from Marbury v. Madison in 1803. William Marbury는 평화의 정의자(Justice of the Peace)였기 때문에 Federal courts don't give advisory opinions. So before measuring anything, the court checks three things. Who is suing, when they are suing, and whose call it really is. First, who? The plaintiff has to hold a chain with three links. Link 1, an injury in fact. Concrete, particular to you, and actual or about to happen. In Lujan, members of an environmental group said they'd go back overseas to see endangered species someday. Someday isn't enough. No plans, no injury. And a broken law isn't the same as a real harm. In TransUnion, a credit agency flagged thousands of people as possible matches on a terrorist list. Only the people whose reports were actually sent out to businesses had standing. For everyone else, it was just a risk. L2 Causation. The injury has to trace back to this defendant. L3 Redressability. Winning has to actually fix it. In Allen v. Wright, parents challenged tax breaks for private schools that discriminated. Whether any school would change was pure guesswork, so both links broke. And if everyone is hurt the same way, just as a citizen or a taxpayer, then nobody has standing. That's a generalized grievance. Some plaintiffs come with a twist. Normally, you can only argue your own rights. But a close relationship plus something stopping the other person from suing lets you speak for them. In Craig v. Boren, a beer vendor challenged a drinking age that treated young men differently, and she argued for her customers. Taxpayers usually know your share of the budget is too small to count. The one exception is Flast. Congress spends the money, and that spending breaks the Establishment Clause. So if Congress itself funds religious teaching, A taxpayer can sue. But in Hein, the money came from the executive branch's general funds. No standing. One California flag: Article 3 binds only federal courts. In California's own courts, a taxpayer can sue to stop a local government's illegal spending, under Code of Civil Procedure Section 526A. And a group can sue for its members when three things line up. 요약 영상 A doctor facing a brand new criminal ban can sue right now if the question is purely legal and waiting would be a real hardship. That's the Abbott Labs test from a fight over drug labels, fitness and hardship. Too late and the fruit is gone. If the dispute ends after filing, the case is moot. But there are three ways a case stays alive. One: capable of repetition, yet evading review. A pregnancy ends long before any appeal can, so Roe wasn't moot. Voluntary cessation. A city repeals its policy the week before argument, but keeps the power to bring it back. Still alive. Class actions. Once the class is certified, it survives even if the lead plaintiff's own claim ends. Third, whose call is it? Under Baker v. Carr, a case about lopsided voting districts in Tennessee, a question belongs to the political branches if the constitution hands it to them or if there's no workable standard for a judge to apply. When the Senate let a committee hear the evidence in a federal judge's impeachment, the court said Trying impeachments is the Senate's job, not ours. And in Rucho, in 2019, the court said there's no workable standard for how much partisanship in a district map is too much. But one person, one vote? Courts decide that. Racial gerrymandering? Courts decide that too. And one last check. If the defendant is the state itself, the 11th Amendment may block the suit. That's our next lesson. So here's the whole picture. A ruler for measuring laws, used only in a real case. Who? Three links? Injury, causation, redressability. When's it not green and not gone? Whose call? The courts, not the political branches. Don't memorize it, just ask, who, when and whose call?