Con Law-Justiciability and Absention

Standing is the FIRST issue to analyze in every con law essay fact pattern.

Standing is a constitutional requirement. Congress cannot confer standing by statute where no case or controversy exists.

2 requirements:
1. injury-in-fact (can be economic, aesthetic, or environmental)
2. redressability a.k.a. causation: relief sought must eliminate the harm alleged.

Specialized standing issues:
1. taxpayer standing: federal taxpayers don't have standing except to challenge establishment under the Spending Clause (won't work under the Property Clause).
2. Third party standing:
1. special relationship (seller of beer could bring suit on behalf of males under 21, doctor can challenge abortion law);
2. third party cannot bring suit on his own behalf;
3. associations may assert claims of members if (a) members would otherwise have standing to sue in their own right, (b) interest asserted is germane to association's purpose, (c) neither the claim asserted nor the relief requested would require participation by the individual members in the lawsuit.

When looking for justiciability:
Ripeness - genuine immediate threat of harm
Advisory Opinions - prohibited in federal courts
Mootness - actual controversy must exist at all stages of review unless there is an injury capable of repetition yet evading review (e.g. abortion cases because baby is born by end of review).
Political Questions - the impeachment process, the amendment ratification process, president's power to unilaterally terminate a treaty, foreign affairs, guaranty clause issues. BUT NOT, reapportionment and gerrymandering.
Standing

Abstention:
2 types:
1. Younger Abstention: prohibits federal court review where there are pending state criminal proceedings.
2. Pullman Abstention: federal court won't proceed where there is an unsettled issue of state law. State may resolve the issue of state law so as to avoid the need for constitutional review.

Adequate and independent state grounds will preclude supreme court review.