Ripeness
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- For the fruit process, see Ripening.
A leading case on the Ripeness Doctrine is International Longshoremen's and Warehousemen's Union Local 37 v. Boyd, 347 U.S. 222 (1954) (hereinafter Boyd). There, the United States Supreme Court stated that:
- :[the a]pellants in effect asked the District Court to rule that a statute[,] the sanctions of which had not been set in motion against individuals on whose behalf relief was sought[,]...would not be applied to them if in the future such a contingency should arise. That is not a lawsuit to enforce a right; it is an endeavor to obtain a court's assurance that a statute does not govern hypothetical situations that may or may not make the challenged statute applicable. Determination of the scope and constitutionality of legislation in advance of its immediate adverse effect...involves too remote and abstract an inquiry for the proper exercise of the judicial function.
The Supreme Court in Boyd ruled that the District Court was required to dismiss the proceeding for lack of a justiciable controversy.
The Ripeness Doctrine should not be confused with the Advisory Opinion Doctrine, another "justiciability" concept in U.S. law. The Advisory Opinion Doctrine basically says that “Article III courts” (such as the U.S. district courts, appeals courts, and Supreme Court) will not render opinions on "abstract, hypothetical or contingent questions." L. Tribe, American Constitutional Law sec. 3-10, page 56 (1978).
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