Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Brandeis rules

Read a random definition: duplicate will

A quick definition of Brandeis rules:

Brandeis Rules: A set of principles used by the U.S. Supreme Court to decide constitutional questions only when necessary and to avoid them if the case can be decided on another issue. These rules were created by Justice Brandeis and include policies such as not deciding a constitutional question in a friendly suit, not creating a rule of constitutional law that is broader than necessary, and not ruling on the constitutionality of a statute unless the plaintiff is harmed by it. The court also should not rule on the constitutionality of an act of Congress without first analyzing whether it can be interpreted in a way that avoids the constitutional question.

A more thorough explanation:

Brandeis Rules, also known as Ashwander Rules, are a set of principles that guide the U.S. Supreme Court in deciding constitutional questions only when necessary and avoiding them if the case can be resolved on another issue.

The rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority, a 1936 case. The principles include:

  • Not deciding a constitutional question in a friendly suit
  • Not anticipating a question of constitutional law
  • Not creating a rule of constitutional law that is broader than necessary
  • Not deciding a constitutional issue if the case can be resolved on another ground
  • Not ruling on the constitutionality of a statute unless the plaintiff is harmed by the statute or has accepted its benefits
  • Not ruling on the constitutionality of an act of Congress without first analyzing whether it can be construed in a way that avoids the constitutional question

For example, if a person challenges a law that they have not been affected by, the court may not rule on the constitutionality of the law because the person has not been harmed by it. Similarly, if a case can be resolved on a non-constitutional issue, the court may avoid ruling on the constitutional question.

Brandeis brief | branding

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.