Justiciability Question

[Michael Froomkin - U.Miami School of Law]

Not at first glance:

  3: Jurisdiction and terms.  The supreme court shall have original 
jurisdiction in proceedings in quo warranto, mandamus, and habeas corpus; 
and such appellate jurisdiction as may be provided by law. It shall hold 
one term each year at the seat of government and such other terms at such 
places as may be provided by law, and its jurisdiction shall be 
co-extensive with the state.

http://skyways.lib.ks.us/KSL/ref/constitution/art3.html


Perhaps there's a declaratory judgement statute of some sort?

On Tue, 17 Apr 2007, Martin Belsky wrote:

> Does Kansas have an Advisory Opinion provision in its Constitution that would 
> allow a challenge in State Court [so a decision could come from the Kansas 
> Supreme Court]?
>
> wasserma at fiu.edu wrote:
>> According to the story here: http://www.fac.org/news.aspx?id=18416
>> 
>> Kansas' governor signed into law regulations on picketing near funerals. 
>> But the law includes a provision that it will not take effect until the 
>> Kansas Supreme Court or a federal court declares the prohbition valid. 
>> According to the story, that provision was added to prevent Fred Phelps and 
>> his Westboro Baptist Church from challenging the law successfully and 
>> collecting attorneys' fees.
>> 
>> But how can that judicial determination ever will come about?  Kansas 
>> cannot enforce the law against any protesters, since the law, by its terms, 
>> is not enforceable.  And it seems to me that any federal challenge to the 
>> law (by Phelps or anyone else) is not ripe, since there is no likelihood 
>> that the law could be enforced, and that no one has standing (under Los 
>> Angeles v. Lyons). I suppose if Kansas has more forgiving justiciability 
>> rules or allows its Supreme Court to render advisory opinions, a 
>> pre-enforcement challenge could come that way.
>> 
>> But it seems to me that the law depends on a judicial determination that 
>> cannot come about.
>> 
>> Am I missing something?
>> 
>> 
>> Howard Wasserman
>> FIU College of Law
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>

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