LAW 606 Lecture Notes - Lecture 2: Political Question, Overbreadth Doctrine, Declaratory Judgment
1 Jun 2020
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Three prudential requirements: party must assert only his or her own rights and cannot raise claims for. This focuses on whether or not the injury has occurred yet. (overlaps with standing sometimes). **voluntary settlement does not justify vacating a lower court opinion- potential for abuse. Brennan"s political if test: challenged action is that of co-equal branch, looks like they"re considering state, so ussc doesn"t have to be prudent, no standards for court judgment. If there is a stndrd, could be a judicial fn, but if it"s standardless, it"s probably political. Page 2 of 4: single, final voice needed. Executive has unhampered ability to decide foreign relations. Foreign relations- non-justiciable action: validity of the amendment process itself- court should not be able to review that then you are taking away a check on the judicial branch. The sc would become a judge in its own case: policy issue, not one of individual rights.
