1. Are we trying to decide if the supreme court can hear the case?
a. Is the case Justiciable?
i. It must be a case or controversy as defined in Article III
ii. The case must not be an advisory opinion
1. If the decision can be overturned by another branch, it is an advisory opinion
2. A declaratory judgment is not an advisory opinion as long as the parties meet standing
b. Do the parties meet the constitutional standing requirements?
i. Injury – must be a perceptible and recognized harm.
1. if seeking injunctive relief, must show the injury is ongoing (Lyons)
2. if seeking relief from future injuries, must show it is predictable you will suffer the same injury
ii. Causation – causal link between injury and conduct of defendant: “fairly traceable”
iii. Redressability – Relief requested must be designed to alleviate the injury
c. Do the parties meet the prudential standing requirements?
i. Is the case a “general grievance”? If so, no standing.
1. Can’t sue as a taxpayer or citizen unless you feel a particular harm or are challenging spending under separation of church and state
ii. Are you seeking standing as a third party? If so, no standing unless:
1. You are in the best position to protect the rights of an absent party
2. You have a special relationship with the third party AND the other party is unable to bring its own claim AND you have standing on your own
d. The case must be ripe for review
i. You can’t sue if you haven’t been harmed by enforcement of a law UNLESS (Abbot Labs test for pre-enforcement review)
1. It would be a significant hardship to not grant review before enforcement of the law
2. The record is sufficient...