Ripeness
Encyclopedia
In United States law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...

, 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." 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.

Ripeness represents the other side of the coin of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...

, and deals with whether the defendant in a case has gone so far in his/her abusive behavior that the court has a right to hear the case. 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. When drafting his complaint, a plaintiff may be able to avoid dismissal on ripeness grounds by requesting alternative relief in the form of a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...

, which in many states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 and jurisdictions allows a court to declare the rights of parties under the facts as proven without actually ordering that anything be done.

The Supreme 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
Abbott Laboratories v. Gardner
Abbott Laboratories v. Gardner, , was a case heard before the United States Supreme Court. Abbott Laboratories held that drug companies were not prohibited by the ripeness doctrine from challenging a U.S. Food and Drug Administration regulation requiring a prescription drug's generic name to...

, :
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 effects felt in a concrete way by the challenging parties. The problem is best seen in a twofold aspect, requiring us to evaluate both the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration.


In both Abbott Laboratories and its first companion case, Toilet Goods Association v. Gardner
Toilet Goods Association, Inc. v. Gardner
Toilet Goods Association, Inc. v. Gardner, , was a case heard before the United States Supreme Court. It held that judicial review of a regulation's validity was inappropriate because the controversy was not ripe for adjudication, in that it was not clear whether or when an inspection would be...

, , 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
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...

  Doctrine, another justiciability
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual...

  concept in American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

law.
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