Jurisdiction and Standing in Legal Context
Nuances of jurisdiction, standing, and access to courts in legal proceedings. Delve into the significance of getting to court, even if victory is uncertain. Understand the role of Congress in shaping jurisdiction and standing laws. Dive into the legal intricacies surrounding original jurisdiction and federal question cases.
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Presentation Transcript
Chapter 6 Jurisdiction 1
Objectives Understand the difference between jurisdiction and standing Understand the theories of standing and how they are used in adlaw cases Understand ripeness in the agency context, including exhaustion of remedies and primary jurisdiction The details of access to the courts is for the federal courts course 2
Getting to Court is Not Winning! Remember from due process Getting a hearing is not the same as prevailing in the hearing Remember Marbury! If you cannot get to court, you cannot win Why is getting to court good even if you cannot win? JULIANA v. U.S. - CLIMATE LAWSUIT 3
Jurisdiction Must be present or the claim is void Remember the FTCA what does it take to get jurisdiction to go to court on federal tort claim? Can be raised at any time, including by the court on its own (sua sponte) Why isn't a jurisdictional claim waived if opposing counsel does not raise it? 4
28 USC 1251. Original jurisdiction (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States. (b) The Supreme Court shall have original but not exclusive jurisdiction of: (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; (2) All controversies between the United States and a State; (3) All actions or proceedings by a State against the citizens of another State or against aliens. 5
The Role of Congress Except for the original jurisdiction of the United States Supreme Court that is in the constitution, and the constitutional requirement for a case and controversy, everything else is statutory Congress creates, and can limit, jurisdiction and standing, within the constitutional limits. Congress could eliminate citizen suits under the environmental laws. 6
28 1331. Federal question The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. Why will this always give you jurisdiction in a federal agency action? If the agency enabling act contains a provision controlling jurisdiction, it preempts 1331. 7
Agency Actions in the Court of Appeals What sort of actions are usually reviewed by circuit courts? Why would Congress move most agency appeals to the circuit courts, as opposed to the district courts as specified in 1331? Example - 28 U.S. Code 2342 - Jurisdiction of court of appeals Location limits Most challenges to rules under the Clean Air Act have to be in the DC Circuit. 8
Non-Exclusive Statutes Enabling act says that actions may be brought under 29 U.S.C. 655(f) in circuit courts The statute is silent as to whether this is the exclusive source of jurisdiction Could you use 1331 to get into district court about a suit over an OSHA action covered by 655? specific statutes govern over general statutes, and to allow a plaintiff to choose a suit in district court over the specific statute's provision of review in a court of appeals would thwart the purpose of the specific statute What if it were an OSHA action not covered by 655, such as the failure to make a rule? What is the legislative intent versus what does the statute say? 9
Jurisdiction Review Jurisdiction is the starting point Can you get into any court at all? Which court can you get into? Unless the statute designates a specific court, such as the Federal Circuit or the DC Circuit, then the strategic question of which court do you want to be in. In the rare case when there is possible election between Circuit and district court, which one do you want and how do you get there. 10
