Ripeness

In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests
upon contingent future events that may not occur as anticipated, or indeed may not occur at all."[1] For example, if a law
of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a
decision.

The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too
speculative to warrant judicial action. Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such
as an injunction.

Originally stated in Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration (1885),[2]
ripeness is one the seven rules of the constitutional avoidance doctrine established in Ashwander v. Tennessee Valley
Authority (1936) that requires that the Supreme Court of the United States to "not 'anticipate a question of constitutional
law in advance of the necessity of deciding it.' "[3][4] The Court fashioned a two-part test for assessing ripeness challenges
to federal regulations. The case is often applied to constitutional challenges to federal and state statutes as well. The
Court said in Abbott Laboratories v. Gardner, 387 U.S. 136 (https://supreme.justia.com/cases/federal/us/387/136/)
(1967):

Without undertaking to survey the intricacies of the ripeness doctrine it is fair to say that its basic
rationale is to prevent the courts, through avoidance of premature adjudication, from entangling
themselves in abstract disagreements over administrative policies, and also to protect the agencies from
judicial interference until an administrative decision has been formalized and its e�ects felt in a concrete
way by the challenging parties. The problem is best seen in a twofold aspect, requiring us to evaluate
both the �itness of the issues for judicial decision and the hardship to the parties of withholding court
consideration.[5]

In both Abbott Laboratories and its first companion case, Toilet Goods Association v. Gardner, 387 U.S. 158 (https://sup
reme.justia.com/cases/federal/us/387/158/) (1967), the Court upheld pre-enforcement review of an administrative
regulation. However, the Court denied such review in the second companion case because any harm from noncompliance
with the FDA regulation at issue was too speculative in the Court's opinion to justify judicial review. Justice Harlan wrote
for the Court in all three cases.

The ripeness doctrine should not be confused with the advisory opinion doctrine, another justiciability concept in
American law.

See also

References
1. Texas v. United States, 523 U.S. 296 (https://supreme.justia.com/cases/federal/us/523/296/) (1998), p. 300, (internal
quotation marks omitted), quoting Thomas v. Union Carbide Agricultural Products Co., 473 U.S. 568 (https://supre
me.justia.com/cases/federal/us/473/568/) (1985), p. 581 (quoting 13A C. Wright, A. Miller, & E. Cooper, Federal
Practice and Procedure §3532, p. 112 (1984)).
2. Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration, 113 U.S. 33, 39 (https://suprem
e.justia.com/cases/federal/us/113/33/#39) (1885)
3. Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 346–347 (https://supreme.justia.com/cases/federal/us/297/28
 8/#346–347) (1936)
4. Nolan, Andrew (September 2, 2014). The Doctrine of Constitutional Avoidance: A Legal Overview (https://crsrepor
ts.congress.gov/product/pdf/R/R43706) (Report). Congressional Research Service. p. 9. Archived (https://web.archi
ve.org/web/20231230182132/https://crsreports.congress.gov/product/pdf/R/R43706) from the original on December
30, 2023. Retrieved December 27, 2023.
5. Abbott Laboratories v. Gardner, 387 U.S. 136 (https://supreme.justia.com/cases/federal/us/387/136/) (1967), pp.
148-49.

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