Professional Documents
Culture Documents
Ashwander Rules
Ashwander Rules
edu
This page presents 7 special rules that apply in qualifying your case for the Supreme
court.
The Supreme Court has developed seven rules, called the "Ashwander Rules"
(Ashwander v. Tennessee Valley Authority 297 US 288,346 (1935)) for
qualifying a case to be heard there. According to Justice Brandeis:
"The Court developed, for its own governance in the cases confessedly within
its jurisdiction, a series of rules under which it has avoided passing upon a
large part of all the constitutional questions pressed upon it for decision. They
are:
3. The Court will not 'formulate a rule of constitutional law broader than
is required by the precise facts to which it is to be applied.' Liverpool
N.Y. & P.S.S. Co. v. Emigration Commissioners, 113 US 33,39.
5. The Court will not pass upon the validity of a statute upon complaint of
one who fails to show that he is injured by its operation. Tyler v. The
Judges, 179 US 405 Among the many applications of this rule, none is
more striking than the denial of the right of challenge to one who lacks
a personal or property right.
6. The Court will not pass upon the constitutionality of a statute at the
instance of one who has availed himself of its benefits. Great Falls
Mfg. Co. v. Attorney General 124 US 581.