Ashwander rules

The Ashwander Rules explain how cases get to the United States Supreme Court on a discretionary basis.

Taken from Justice Brandeis' concurrence in "Ashwander v. Tennessee Valley Authority" (1936), the Ashwander rules have become the guiding light for some in trying to determine what is and is not available to the court for review:

# Cases and Controversies: The Court will not anticipate the constitutionality in a friendly, non-adversarial proceeding.
# No advisory opinions: The Court does not anticipate in advance (i.e. without the necessity for hearing) the constitutionality of a question of Constitutional Law/interpretation.
# Obiter dicta: The court will not formulate a rule of law broader than the case which is before it.
# Statutory vs. Constitutional interpretation: If possible the Court will dispose of a case on non-constitutional grounds.
# Standing: The Court will not pass on the validity of a statute on complaint of one who fails to show injury to person or property.
# Estoppel: The Court will not pass upon the constitutionality of a statute at the instance of one who has accepted its benefits. There is little need after all, for the ‘winner’ to challenge the Constitutionality of the law which aids them.
# Constitutional avoidance: Whenever possible, statutes will be construed so as to avoid a constitutional issue.