Also known as: judiciable · judicably · justiciable
Written by attorneys · grounded in primary & secondary sources — see below
A quality of a legal claim or controversy that permits adjudication by courts. The quality exists when none of the political question factors identified in Baker v. Carr are present and a live case or controversy satisfying Article III requirements remains.
Jamal Jefferson and other urban voters sued the state alleging their legislative districts contained twice the population of rural districts, diluting their votes on education funding. The state moved to dismiss on political question grounds. The court denied the motion because the numerical disparity supplied a manageable standard under equal protection and none of the six political question factors applied.
Judy Jacobs challenged federal limits on campaign contributions and expenditures as violating the First Amendment. The court reached the merits after confirming that the constitutional challenges presented concrete disputes between adverse parties with no textual commitment of the issues to another branch.
Select any source to read its text and confirm it supports the definition.
Joanna Jung purchased coastal lots for development. After a new state statute barred all construction, she sued claiming a total taking. The court held the claim judicable once the regulation's application to her land became final and concrete economic loss was shown.
Justin Jarvis, an alien facing deportation, challenged a one-house legislative veto of his suspension of deportation. The court reached the separation of powers claim because the dispute involved concrete injury to an individual and presented no political question.
Jada Jones, a federal taxpayer, sued to enjoin federal expenditures supporting religious schools as violating the Establishment Clause. The court found the claim judicable because the challenge rested on a specific constitutional limitation on the taxing and spending power.
Jackson Mutual sought enforcement of a collective bargaining agreement against a textile mill. The court exercised jurisdiction because the claim arose under section 301 of the Labor Management Relations Act and presented a concrete contractual controversy between the parties.
A claim is judicable when none of the six Baker factors is present. These factors include a textually demonstrable constitutional commitment to another branch, lack of judicially manageable standards, or the need for an initial policy determination by a nonjudicial body.
Supporting sources
Yes. A challenge to an unenforced statute with no realistic threat of enforcement presents no live case or controversy and is therefore not judicable.
Supporting sources
A case becomes nonjudicable when intervening events remove any live controversy between the parties so that a judicial decision would have no effect on their rights.
Supporting sources
…and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to state a present controversy and did not have standing. It concluded that, with respect to the requests for a…