In what circumstances will a plaintiff in a civil case be able to rely on the courts to enforce their own constitutional rights?

MultiRegion, United States of America

The following excerpt is from Scott v. Rosenberg, 702 F.2d 1263 (9th Cir. 1983):

At least in the absence of "a textually demonstrable constitutional commitment of [an] issue to a coordinate political department," Baker v. Carr, 369 U.S. 186, 217 [82 S.Ct. 691, 710, 7 L.Ed.2d 663] (1962), we presume that justiciable constitutional rights are to be enforced through the courts. And, unless such rights are to become merely precatory, the class of those litigants who allege that their own constitutional rights have been violated, and who at the same time have no effective means other than the judiciary to enforce these rights, must be able to invoke the existing jurisdiction of the courts for the protection of their justiciable constitutional rights.

Id. at 242, 99 S.Ct. at 2275.

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