Q: Should Sarah Palin sue Levi Johnston for defamation?
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- Ripeness -Test (Abbott Laboratories v. Gardner (1967): Congress amended Food, Drug & Cosmetic Act to require prescription drug manufacturers to print name EVERY time – court said issue is ripe for resolution; no reason to believe review will delay enforcement) (1) fitness for judicial consideration (2) hardship of withholding review -Compare Toilet Goods Assoc. v. Gardner (1967): Regulations permitting inspections not ripe for review -SC distinguishes on grounds of uncertainty (no idea how regulation affects parties in Toilet Goods, but result is clear in Abbott) and primary conduct not affected -JM – unless you need further factual development to understand how regulation going to be applied, get review -SO court won’t be better informed in individual compliance proceedings -See Ohio Forestry v. Sierra Club (1998) (could not challenge regulations that made “logging more likely” but did not authorize logging because issue not ripe) -availability of alternative relief relevant (NYSE v. Bloom – could bring private action) -JM thinks better to enforce first, sue later, so argument not abstract -if criminal prosecution, definitely ripe so only issue is exhaustion
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